1992)"

fe^f y |/pM/ -7^3^/- ^ ^ / H^n

The
NORTH CAROLINA

IN THIS ISSUE

EXECUTIVE ORDERS

IN ADDITION

Final Decision Letters

PROPOSED RULES

Cosmetic Art Examiners

Environment, Health, and Natural Resources

Human Resources

Insurance

Public Education

Transportation

LIST OF RULES CODIFIED
RRC OBJECTIONS

RECEIVED

MOV 20 1992
LAW LIBRARY

RULES INVALIDATED BY JUDICIAL DECISION

CONTESTED CASE DECISIONS

ISSUE DATE: November 16, 1992

Volume 7 • Issue 16 • Pages 1641-1720

INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINTSTRATIVE CODR

NORTH CAROLINA REGISTER

TEMPORARY RULES

TTie North Carolina Register is published twice a month and
contains information relating to agency, executive, legislative and
judicial actions required by or affecting Chapter 150B of the
General Statutes. All proposed administrative rules and notices of
public hearings filed under G.S. 150B-21.2 must be published in
the Register. The Register will typically comprise approximately
fifty pages per issue of legal text.

State law requires that a copy of each issue be provided free of
charge to each county in the state and to various state officials and
institutions.

The North Carolina Register is available by yearly subscription
at a cost of one hundred and five dollars ($105.00) for 24 issues.
Individual issues may be purchased for eight dollars (S8.00).

Requests for subscription to the North Carolina Register should
be directed to the Office of Administrative Hearings,
P. 0. Drawer 27447, Raleigh, N. C. 276 11 -7447.

Under certain emergency conditions, agencies may issue
temporary rules. Within 24 hours of submission to OAH, the
Codifier of Rules must review the agency's written statement of
findings of need for the temporary rule pursuant to the provisions in
G.S. 1 SOB -2 1.1. If the Codifier determines that the findings meet
the criteria in G.S. 150B-21.1, the rule is entered into the NCAC. If
the Codifier determines that the findings do not meet the criteria,
the rule is returned to the agency. The agency may supplement its
findings and resubmit the temporary rule for an additional review
or the agency may respond that it will remain with its initial
position. The Codifier, thereafter, will enter the rule into the
NCAC. A temporary rule becomes effective either when the
Codifier of Rules enters the rule in the Code or on the sixth
business day after the agency resubmits the rule without change.
The temporary rule is in effect for the period specified in the rule or
180 days, whichever is less. An agency adopting a temporary rule
must begin rule-making procedures on the permanent rule at the
same time the temporary rule is filed with the Codifier.

ADOPTION AMENDMENT, AND REPEAL OF
RULES

NORTH CAROLINA ADMINISTRATIVE CODE

TTie following is a generalized statement of the procedures to be
followed for an agency to adopt, amend, or repeal a rule. For the
specific statutory authority, please consult Article 2A of Chapter
150B of the General Statutes.

Any agency intending to adopt, amend, or repeal a rule must
first publish notice of the proposed action in the North Carolina
Register. The notice must include the time and place of the public
hearing (or instructions on how a member of the public may request
a heartng); a statement of procedure for public comments; the text
of the proposed rule or the statement of subject matter; the reason
for the proposed action; a reference to the stamtory authority for the
action and the proposed effective date.

Unless a specific statute provides otherwise, at least 15 days
must elapse following publication of the notice in the North
Carolina Register before the agency may conduct the public
heartng and at least 30 days must elapse before the agency can take
action on the proposed rule, An agency may not adopt a rule that
differs substantially from the proposed form published as part of
the public notice, until the adopted version has been published in
the North Carolina Register for an additional 30 day comment
period.

When final action is taken, the promulgating agency must file
the rule with the Rules Review Commission (RRC). After approval
by RRC, the adopted rule is filed with the Office of Administrative
Hearmgs (OAH).

A rule or amended rule generally becomes effective 5 business
days after the rule is filed with the Office of Administrative
Hearings for publication in the North Carolina Administrative Code
(NCAC).

Proposed action on rules may be withdrawn by the promulgating
agency at any time before final action is taken by the agency or
before filing with OAH for publication in the NCAC.

The North Carolina Administrative Code (NCAC) is a
compilation and index of the administrative rules of 25 state
agencies and 38 occupational licensing boards. The NCAC
comprises approximately 15,000 letter size, single spaced pages of
material of which approximately 35% of is changed annually.
Compilation and publication of the NCAC is mandated by G.S.
150B-21.18.

The Code is divided into Titles and Chapters. Each state agency
is assigned a separate title which is further broken down by
chapters. Title 21 is designated for occupational licensing boards.

The NCAC is available in two formats.

(1) Single pages may be obtained at a minimum cost of
two dollars and 50 cents (S2.50) for 10 pages or less,
plus fifteen cents (SO. 15) per each additional page.

(2) The full publication consists of 53 volumes, totaling in
excess of 15,000 pages. It is supplemented monthly
with replacement pages. A one year subscription to the
full publication including supplements can be
purchased for seven hundred and fifty dollars
(S750.00). Individual volumes may also be purchased
with supplement service. Renewal subscriptions for
supplements to the initial publication are available.

Requests for pages of rules or volumes of the NCAC should be
directed to the Office of Administrative Hearings.

CITATION TO THE NORTH CAROLINA
REGISTER

The North Carolina Register is cited by volume, issue, page
number and date. 1:1 NCR 101-201, April 1, 1986 refers to
Volume 1, Issue 1, pages 101 through 201 of the North Carolina
Register issued on April 1, 1986.

FOR INFORMATION

CONTACT

Office

Administrative Hearings,

ATTN: Ru

Division,

P.O.

Drawer TlAAl, Raleigh, North Carolina

27611-7447,

(919)

733-2678.

NORTH
CAROLINA
REGISTER

Office of Administrative Hearings

P. O. Drawer 27447

Raleigh, North Carolina 27611-7447

(919) 733-2678

Julian Mann III,

Director
James R. Scarcella Sr.,

Deputy Director
Molly Masich,

Director of APA Services

Staff:

Ruby Creech,

Publications Coordinator
Teresa Kilpatrick,

Editorial Assistant
Jean Shirley,

Editorial Assistant

ISSUE CONTENTS

I. EXECUTIVE ORDERS

Executive Orders 179-181

II. IN ADDITION

Final Decision Letters

1641

1644

III. PROPOSED RULES
Environment, Health, and

Natural Resources

Wildlife Resources Commission 1658

Human Resources

Facility Services 1647

Medical Assistance 1649

Insurance

Medical Database Commission . . 1650
Licensing Board

Cosmetic Art Examiners 1669

Public Education

Elementary and Secondary 1666

Transportation

Highways, Division of 1669

IV. LIST OF RULES

CODIFIED 1671

V. RRC OBJECTIONS 1684

VI. RULES INVALIDATED BY

JUDICIAL DECISION 1688

VII. CONTESTED CASE DECISIONS

Index to AU Decisions 1689

Text of Selected Decisions
92 EHR 0303 1705

VIII. CUMULATIVE INDEX 1718

NORTH CAROLENA REGISTER

Publication Schedule

(August 1992 - December 1993)

Last Day

Earliest

for Elec-

Date for

Last Day

* Earliest

Issue

Last Day

tronic

Public

Adoption

to Submit

Effective

Date

for Filing

Filing

Hearing

by Agency

to RRC

Date

:>< >i: si< :i< si: ^ ;?;

><H<^=i<H<^^

^:4«^^^>7:^

^^^^^^^

^ ^ij; si: si: >: >; >;

ii: :i: ^ :i; ^ si: :i;

:i; :i; :!i«:i: sj< sj: si;

08/03/92

07/13/92

07/20/92

08/18/92

09/02/92

09/20/92

11/02/92

08/14/92

07/24/92

07/31/92

08/29/92

09/13/92

09/20/92

11/02/92

09/01/92

08/11/92

08/18/92

09/16/92

10/01/92

10/20/92

12/01/92

09/15/92

08/25/92

09/01/92

09/30/92

10/15/92

10/20/92

12/01/92

10/01/92

09/10/92

09/17/92

10/16/92

10/31/92

11/20/92

01/04/93

10/15/92

09/24/92

10/01/92

10/30/92

11/14/92

11/20/92

01/04/93

11/02/92

10/12/92

10/19/92

11/17/92

12/02/92

12/20/92

02/01/93

11/16/92

10/23/92

10/30/92

12/01/92

12/16/92

12/20/92

02/01/93

12/01/92

11/06/92

11/13/92

12/16/92

12/31/92

01/20/93

03/01/93

12/15/92

11/24/92

12/01/92

12/30/92

01/14/93

01/20/93

03/01/93

01/04/93

12/09/92

12/16/92

01/19/93

02/03/93

02/20/93

04/01/93

01/15/93

12/22/92

12/31/92

01/30/93

02/14/93

02/20/93

04/01/93

02/01/93

01/08/93

01/15/93

02/16/93

03/03/93

03/20/93

05/03/93

02/15/93

01/25/93

02/01/93

03/02/93

03/17/93

03/20/93

05/03/93

03/01/93

02/08/93

02/15/93

03/16/93

03/31/93

04/20/93

06/01/93

03/15/93

02/22/93

03/01/93

03/30/93

04/14/93

04/20/93

06/01/93

04/01/93

03/11/93

03/18/93

04/16/93

05/01/93

05/20/93

07/01/93

04/15/93

03/24/93

03/31/93

04/30/93

05/15/93

05/20/93

07/01/93

05/03/93

04/12/93

04/19/93

05/18/93

06/02/93

06/20/93

08/02/93

05/14/93

04/23/93

04/30/93

05/29/93

06/13/93

06/20/93

08/02/93

06/01/93

05/10/93

05/17/93

06/16/93

07/01/93

07/20/93

09/01/93

06/15/93

05/24/93

06/01/93

06/30/93

07/15/93

07/20/93

09/01/03

07/01/93

06/10/93

06/17/93

07/16/93

07/31/93

08/20/93

10/01/93

07/15/93

06/23/93

06/30/93

07/30/93

08/14/93

08/20/93

10/01/93

08/02/93

07/12/93

07/19/93

08/17/93

09/01/93

09/20/93

11/01/93

08/16/93

07/26/93

08/02/93

08/31/93

09/15/93

09/20/93

11/01/93

09/01/93

08/11/93

08/18/93

09/16/93

10/01/93

10/20/93

12/01/93

09/15/93

08/24/93

08/31/93

09/30/93

10/15/93

10/20/93

12/01/93

10/01/93

09/10/93

09/17/93

10/16/93

10/31/93

11/20/93

01/04/94

10/15/93

09/24/93

10/01/93

10/30/93

11/14/93

11/20/93

01/04/94

11/01/93

10/11/93

10/18/93

11/16/93

12/01/93

12/20/93

02/01/94

11/15/93

10/22/93

10/29/93

11/30/93

12/15/93

12/20/93

02/01/94

12/01/93

11/05/93

11/15/93

12/16/93

12/31/93

01/20/94

03/01/94

12/15/93

11/24/93

12/01/93

12/30/93

01/14/94

01/20/94

03/01/94

'^ TJie "Earliest Effective Date" is computed assuming tliat the agenc\' follows the
publication schedule above, that the Rules Review Commission approves the rule at
the next calendar month meeting after submission, and that RRC delivers the rule to
the Codifier of Rules five (5) business days before the 1st business day of the next
calendar nwnth.

EXECUTIVE ORDERS

EXECUTIVE ORDER NfUMBER 179
COORDINATING COMMITTEE ON THE
AMERICANS WITH DISABILITIES ACT

WHEREAS, the Americans with Disabilities Act
("ADA") was enacted by the United States Con-
gress on July 26, 1990 to expand the civil rights of
individuals with disabilities in the areas of employ-
ment, transportation, public accommodations and
communications; and

WHEREAS, the primary objective of the ADA
is to require employers and public service provid-
ers to eliminate barriers, practices, or policies that
may deprive individuals with disabilities of the full
use and enjoyment of public buildings, employ-
ment, transportation, accommodations, and com-
munications; and

WHEREAS, it is anticipated that the process of
removing such barriers would best be effectuated
by developing a comprehensive statewide process;

NOW, THEREFORE, by the authority vested
in me by the Constitution and laws of North
Carolina, IT IS ORDERED:

(b) informing and advising state agencies
about their obligations under the ADA
such as self evaluations, job task analy-
ses, procedures to handle requests for
accommodations, facility and communi-
cations accessibility, transportation, and
deadlines for action;

(c) facilitating the adoption and publication
of formal and informal grievance proce-
dures within each agency to promptly
and equitably resolve complaints of
agency noncompliance with the ADA;
with particular emphasis on the use of
alternative means of dispute resolution,
including settlement negotiations, con-
ciliation, facilitation. mediation,
factfinding, minitrials, and arbitration,
as appropriate and authorized by law;

(d) supervising the implementation and
periodic revision of an ADA Transition
Plan for each agency regarding the
removal of environmental and commu-
nication barriers in state facilities,
whether owned or leased;

Section 1. ESTABLISHMENT

There is hereby established the Coordinating
Committee on the ADA.

Section 2. PURPOSE

The Committee shall bring representatives from
every state agency together to coordinate each
agency's self-evaluation and compliance planning
under ADA.

Each agency shall develop and implement forth-
with its ADA Compliance Plan. Individuals with
disabilities must have full access to public build-
ings, employment, transportation, accommoda-
tions, and communications as soon as possible.

Section 3. DUTIES

The Committee shall be responsible for the
following:

(a) coordinating agency compliance with
the ADA as it relates to other federal
and state laws and regulations affecting
individuals with disabilities;

(e) providing a forum for speakers to in-
form the Committee and others in state
government about developments con-
cerning acceptable accommodations,
cost/effectiveness data for equipment
and transportation alternatives, hiring
practices and caselaw; and

(f) ensuring that its decisions and those of
its member agencies in creating their
ADA Compliance Plans are made with
the input of representatives of organiza-
tions which serve disabled persons.

Section 4. MEMBERSHIP

The following individuals or their designees shall
serve as members of the Committee;

(1) Lieutenant Governor

(2) Secretary of State

(3) Attorney General

(4) State Treasurer

(5) Superintendent of Public Instruction

(6) Commissioner of Insurance

(7) Commissioner of Agriculture

(8) Commissioner of Labor

(9) State Auditor

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1641

EXECUTIVE ORDERS

(10) President Pro Tempore of the Senate

(11) Speaker of the House of Representa-
tives

(12) Chief Justice of the Supreme Court

(13) President of the University of North
Carolina System

(14) President of the System of Community
Colleges

(15) Secretary of Economic and Community
Development

(16) Secretary of Environment, Health and
Natural Resources

(17) Secretary of Crime Control and Public
Safety

(18) Secretary of Cultural Resources

(19) Secretary of Human Resources

(20) Secretary of Transportation

(21) Secretary of Correction

(22) Secretary of Administration

(23) Secretary of Revenue

(24) Director of the Office of State Person-

Section 5. CHAIRPERSON

receive necessary travel and subsistence expenses
in accordance with the provisions of N.C.G.S.
120-3.1 or 138-5.

The Department of Administration shall provide
administrative and staff support services required
by the Coordinating Committee. While no one
from the Governor's Advocacy Council for Per-
sons with Disabilities shall be a member of the
Committee, the GACPD shall support the
Committee's work with technical assistance and as
an information clearinghouse.

Section 10. EFFECTIVE DATE

This Executive Order shall be effective immedi-
ately.

Done this the 22nd day of October, 1992.

EXECUTIVE ORDER NUMBER 180

TRANSFERRING THE GOVERNOR'S

EXTRADITION SECRETARY TO

THE DEPARTMENT OF JUSTICE

The Chairperson shall be the Deputy Secretary
for Programs in the Department of Administration,
who shall serve at the Governor's pleasure. The
Chairperson may designate smaller subcommittees,
divided according to expertise, to work on perti-
nent topics and report to the full Committee.

Section 6. MEETINGS

The Committee shall meet not less than quarterly
at the call of the chairperson.

Section 7. QUORUM

HAVING found that the duties of the Governor's
Extradition Secretary, now located in the Office of
the Governor, can be more economically, efficient-
ly and effectively performed by that office being
removed from the Office of the Governor and
transferred to and relocated in the Department of
Justice under the supervision of the Attorney
General;

THEREFORE, pursuant to the authority and
powers given by Article III, Section 5(10) of the
Constitution and North Carolina General Statutes
I43A-8 and I43B-12, IT IS ORDERED:

A simple majority of the members present shall
constitute a quorum for the purpose of conducting
business.

A vote will require a simple majority of the
members of the Committee.

Section 8. ANNUAL REPORT

Section 1. The Governor's Extradition Secre-
tary, now located in the Office of the Governor, is
hereby removed from and transferred to and
relocated in the Department of Justice.

Section 2. Reports of the transfer shall be made
as required by N.C.G.S. 143B-I2(b). My Chief
of Staff is directed to do the same.

The Committee shall prepare a report to the
Governor on or before October I, 1993 and
annually thereafter.

Section 9. ADMINISTRATION

Members of the Coordinating Committee shall

Section 3. This Order shall become effective
immediately.

Done in Charlotte, North Carolina, this the 27th
day of October, 1992.

1642

7:16

NORTH CAROLINA REGISTER

November 16, 1992

EXECUTIVE ORDERS

EXECUTIVE ORDER NUMBER 181
AMENDING EXECUTIVE ORDER

NUMBER 178
WAIVING CERTAIN PENALTIES

PURSUANT TO
CHAPTER 166 A OF THE GENERAL
STATUTES OF NORTH CAROLINA

By the authority vested in me as Governor by the
Constitution and laws of North Carolina, IT IS
ORDERED:

Executive Order Number 178 is hereby amended
as follows:

Section 4 of said Executive Order is hereby
deleted in its entirety and the following language
substituted therefor.

Section 4.

This Order shall not be in effect on bridges
posted pursuant to N.C.G.S. 136-72.

This Executive Order shall become effective
immediately.

Done in Raleigh, this the 27th day of October,
1992.

7:16 NORTH CAROLINA REGISTER November 16, 1992 1643

IN ADDITION

G.S. 120-30. 9H. effective July 16, 1986, requires that all letters and other documents issued by the
Attorney General of the United States in which a final decision is made concerning a "change affecting
voting " under Section 5 of the Voting Rights Act of 1965 he published in the North Carolina Register .

U.S. Department of Justice

Civil Rights Division

JRD:MAP:NT:lrj Voting Section

DJ 166-012-3 P.O. Box 66128

92-3491 Washington, D.C. 20035-6128

September 28, 1992

DeWitt F. McCarley, Esq.

City Attorney

P. O. Box 7207

Greenville, North Carolina 27825-7207

Dear Mr. McCarley:

This refers to the procedures for conducting the November 3, 1992, special bond election for the City
of Greenville in Pitt County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the
Voting Rights Act of 1965, as amended. 42 LI.S.C. 1973c. We received your submission on July 31. 1992.

The Attorney General does not interpose any objection to the specified change. However, we note
that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent
litigation to enjoin the enforcement of the change. See the Procedures for the Administration of Section 5 (28
C.F.R. 51.41).

Sincerely,

John R. Dunne

Assistant Attorney General

Civil Rights Division

By:

Steven H. Rosenbaum
Chief, Voting Section

1644 7:16 NORTH CAROLINA REGISTER November 16, 1992

IN ADDITION

JRD:MAP:TGL:gmh
DJ 166-012-3

92-3776

U.S. Department of Justice

Civil Rights Division

Voting Section
P.O. Box 66128
Washington, D.C. 20035-612^

October 15, 1992

Mr. Alex K. Brock

Executive Secretary-Director

State Board of Elections

P. O. Box 1166

Raleigh. North Carolina 27602-1166

Dear Mr. Brock:

This refers to Chapter 927 (1992) . which specifies procedures for the establishment of voting
precincts; Chapter 933 ( 1992) , which allows for absentee voting in a municipal incorporation referendum;
Chapter 973 ( 1992) , which concerns voter registrar qualifications; Chapter 1032 (1992) , which changes the
registration deadline for elections, enables a county board of elections to establish special satellite voting
places for elderly or disabled voters, and amends the campaign financing law; Chapter 1044 (1992) , which
establishes a system of voter registration by mail and mandates a system of voter registration at Division of
Motor Vehicles Offices in the State of North Carolina, submitted to the Attorney General pursuant to Section
5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on August
19, 1992.

The Attorney General does not interpose any objection to the specified changes. However, we note
that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement
of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41).

We note that the provisions of Chapter 927 , with regard to the alteration of precinct boundaries, and
Chapter 1032 , with regard to the establishment of satellite voting places, are considered to be enabling.
Accordingly, local jurisdictions covered by Section 5 are not relieved of their responsibility of obtaining
Section 5 preclearance for changes adopted pursuant to these provisions. 28 C.F.R. 51.15.

Sincerely,

John R. Dunne

Assistant Attorney General

Civil Rights Division

By:

Steven H. Rosenbaum
Chief, Voting Section

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1645

IN ADDITION

U.S. Department of Justice

Civil Rights Division

JRD:GS:CGM:lrj Voting Section

DJ 166-012-3 P.O. Box 66128

92-3846 Washington, D.C. 20035-6128

October 22, 1992

George A. Weaver, Esq.

Lee, Reece & Weaver

P. O. Box 2047

Wilson, North Carolina 27894-2047

Dear Mr. Weaver:

This refers to the change in the method of absentee voting for the November 3, 1992, general election
to the E-Z Vote Absentee System in Wilson County, North Carolina, submitted to the Attorney General
pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your
submission on August 25, 1992.

Sincerely,

John R. Dunne

Assistant Attorney General

Civil Rights Division

By:

Steven H. Rosenbaum
Chief, Voting Section

1646 7:16 NORTH CAROLINA REGISTER November 16, 1992

PROPOSED RULES

TITLE 10 - DEPARTMENT OF HUMAN
RESOURCES

Jylotice is hereby given in accordance with G.S.
150B-21.2 that the Division of Facility Services
intends to amend rules cited as 10 NCAC 3R
.2113 and .2115.

1 he proposed effective date of this action is
February 1. 1993.

1 he public hearing will be conducted at 2:00
p.m. on December 18, 1992 at the Council Build-
ing, Room 201. 701 Barbour Drive, Raleigh, NC
27603.

Iveason for Proposed Action: To amend the CON
rules to be consistent with the actions taken by the
NC State Health Coordinating Council in the
development of the rules for the 1993 SMFP.

(comment Procedures: Written comments should
be submitted to Jackie Sheppard, 701 Barbour
Drive, Raleigh, North Carolina 27603, by Decem-
ber 16, 1992.

CHAPTER 3 - FACILITY SERVICES

SUBCHAPTER 3R - CERTIFICATE OF
NEED REGULATIONS

SECTION .2100 - CRITERIA AND

STANDARDS FOR AMBULATORY

SURGICAL SERVICES

.2113 DEFINITIONS

The following definitions will apply to all rules
in this Section:

(1) "Ambulatory surgical case" means an
individual who receives one or more
ambulatory surgical procedures in an
ambulatory surgical operating room
during a single operative encounter.

(2) "Ambulatory surgical services" means
those surgical services provided to pa-
tients as part of an ambulatory surgical
program within a licensed ambulatory
surgical facility or a general acute care
hospital licensed under G. S. Chapter
I31E, Article 5, Part A.

(3) "Ambulatory surgical facility" means a

facility as defined in G.S. 131E-176(1).

(4) "Ambulatory surgical program" means a
program as defined in G.S. 13IE-
176(la).

(5) "Ambulatory surgical procedure" means
a surgical procedure performed in a
surgical operating room which requires
local, regional or general anesthesia and
a period of post-operative observation of
less than 24 hours. Ambulatory surgical
procedures exclude those procedures
which are generally performed more than
50 percent of the time in a physician's
office.

(6) "Ambulatory surgical operating room"
means a dedicated or shared operating
room in a licensed ambulatory surgical
facility, or a general acute care hospital
licensed under G.S. 1 3 1 E, Article 5, Part
A, that is fully equipped to perform
surgical procedures and is constructed to
meet the specifications and standards,
including fire and life safety code re-
quirements, appropriate to the type of
facility as utilized by the Construction
Section of the Division of Facility Servic-
es. Ambulatory surgical operating rooms
exclude operating rooms dedicated for the
performance of inpatient surgical proce-
dures, cast rooms, procedures rooms that
do not meet operating room specifica-
tions, suture rooms, YAG laser rooms,
and cystoscopy and endoscopy procedure
rooms that do not meet the specifications
of an operating room.

(7) "Existing ambulatory surgical operating
rooms" mean only the ambulatory surgi-
cal operating rooms in ambulatory surgi-
cal facilities and hospitals reported on the
License Application for Ambulatory
Surgical Facilities and Programs and Part
III of Hospital Licensure Renewal Appli-
cation Form submitted to the Licensure
Section of the Division of Facility Servic-
es and licensed and certified prior to the
beginning of the review period.

(8) "Approved ambulatory surgical operating
rooms" mean only the ambulatory surgi-
cal operating rooms that have been ap-
proved for a certificate of need by the
Certificate of Need Section prior to date
on which the applicant's proposed project
was submitted to the Agency but have not
been licensed and certified, and ambula-
tory surgical operating rooms which the

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1647

PROPOSED RULES

Certificate of Need Section determined
were not subject to certificate of need
review and are under construction prior
to the date the applicant's proposal was
submitted to the Agency.

(9) "Dedicated ambulatory surgical operating
room" means an ambulatory surgical
operating room used solely for the per-
formance of ambulatory surgical proce-
dures.

(10) "Shared surgical operating room" means
an ambulatory surgical operating room
that is used for the performance of both
ambulatory and inpatient surgical proce-
dures.

(11) "Specialty area" means an area of medi-
cal practice in which there is an approved
medical specialty certificate issued by a
member board of the American Board of
Medical Specialties and includes, but is
not limited to. the following: gynecology,
otolaryngology, plastic surgery, general
surgery, ophthalmology , urology, ortho-
pedics, and oral surgery.

(12) "Practical utilization" is &A 43 surgical
cases per day for a dedicated ambulatory
surgical operating room and 4t^ 3^
surgical cases per day for a shared surgi-
cal operating room. Practical utilization
for Academic Medical Center Teaching
Hospitals will be determined on a case
by ease ba s i s .

(13) "Service area" means an area within 20
to 4 road miles of the ambulatory surgi
cal facility, a single or multi-county area
as designated in 10 NCAC 3R .3020.

Statutory Authority G.S. 131E-177.

.2115 NEED FOR SERVICES

(a) In projecting utilization for existing, ap-
proved, and proposed ambulatory surgical pro-
grams, a program shall be considered to be open
five days per week and 52 weeks a year.

(b) A proposal to establish a new ambulatory
surgical facility or increase the number of ambula-
tory surgical operating rooms in an existing ambu-
latory surgical facility or hospital shall not be
approved unless the applicant documents that the
average number of ambulatory surgical cases per
ambulatory surgical operating room in the
applicant's proposed ambulatory surgical program
are projected to be at practical utilization during
the fourth quaner of the third year of operation
following completion of the project.

{ej — An applicant shall document the need for a
new ambulatory surgical facility or an increase in
the number of ambulatory surgical operating rooms
by demonstrating that the number of existing and
approved ambulator^' surgical operating rooms in
the proposed service area is not sufficient to meet
the projected need for ambulatory surgical services
in the proposed service area; or. alternatix'cly, that
the proposed project i s needed because access to
ambulatory — surgical — services — by — the — medically
underserved residents of the proposed service area
is restricted by the charges for the ambulatory
s urgical serx'ices or the admissions polices of the
existing or approved ambulatory surgical programs
in the proposed scrx'ice area.

Hj To demonstrate that the — number of

existing — and — approved ambulatory

s urgical operating rooms in the pro

posed service area is not sufficient to

meet the projected need for ambulatory

surgical services in the proposed ser

vice area, the applicant shall document:

fA) — that each existing ambulatory surgery

program — that — performs — ambulatory

surgery in the same specialty area is

currently at 80 percent or more of

practical utilization and is projected to

be at practical utilization prior to the

completion of the proposed project,

{Bj — that each approved ambulatory sur -
gery program that performs ambulato
ry surgery in the same specialty area
is projected to be at practical utiliza
tion prior to the completion of the
proposed project, and
■fG^ — all assumptions u s ed in projecting the
number of ambulatory surgical cases
in the new or expanded ambulator)'
s urgical program and the need for the
additional — operating — rooms — ifl — the
proposed service area:

(2-) To alternatively demonstrate that the

proposed — project — is — needed — because
acce ss to ambulatory surgical s ervice s
by the medically underserved residents
of the propo s ed service area is re s trict
cd, the applicant shall document:
{A) — tbat — tfee — facility — ©r — program — witt
charge at least 30 percent less for
s imilar — ambulator^' — surgical — proce
durcs than is charged by each existing
Of — approved — ambulatory — surgical
program. — including — as s urances — that
unin s ured per s on s , undcrinsurcd

1648

7:16

NORTH CAROLINA REGISTER

November 16, 1992

PROPOSED RULES

persons. — Medicare — and — Medieaid
recipients will be better served, or
(B) — that the facility or program will eatab
iish — a — significantly — tess — re s trict i ve
admissions — policy — fef — ambulatory
surgical services than used by each
existing — er — approved — ambulatory
surgical program, including assurano
cs that uninsured per s on s , underin
sured persons. Medicare and Medic
aid recipients will be better served,

£1110

■(€) — all assumptions used in determining
that current acce s s to the medically
under s crved — is — restricted — etft4 — that
projected acce ss will be improved.

Statutory Authority G.S. 13IE-177.

iS otice is hereby given in accordance with G.S.
150B-21.2 that the DHR/Division of Medical
Assistance intends to amend rule cited as 10 NCAC
26H . 0202.

1 he proposed effective date of this action is
February 1, 1993.

1 he public hearing will be conducted at 1:30
p.m. on December 16, 1992 at the North Carolina
Division of Medical Assistance, 1985 Vnvitead
Drive, Room 132, Raleigh, NC 27603.

ixeason for Proposed Action: Amendment will set
reimbursement to UNC Hospitals on a cost basis
for inpatient and outpatient services.

i^onwient Procedures: Written comments con-
cerning this amendment must he submitted by
December 16, 1992. to: Division of Medical
Assistance, 1985 Umstead Drive, Raleigh, NC
27603 ATTN: Clarence Ervin. APA Coordinator.
Oral comments may be presented at the hearing.
In addition, a fiscal impact statement is available
upon written request from the same address.

CHAPTER 26 - MEDICAL ASSISTANCE

SUBCHAPTER 26H - REIMBURSEMENT
PLANS

SECTION .0200 - HOSPITAL INPATIENT
REIMBURSEMENT PLAN

.0202 RATE SETTING METHODS

(a) An annual rate is determined for each hospi-
tal to be effective for dates of service beginning
each July 1 . Rates are derived from cost reports
for a base-year period or from previous appeal
decisions. The initial base-year is the cost-report-
ing period ending in 1981. Services provided
prior to July 1 . 1986 are reimbursed at rates not to
exceed the rates effective July 1, 1985.

(b) The prospective rate is the sum of the
operating rate component and the capital rate
component. The capital rate component is the
higher of the base-year capital per diem cost or the
most recent capital rate as adjusted upon previous
appeal. The base-year capital cost per diem is
computed by dividing total capital costs allocated
to inpatient services by total inpatient days. The
operating rate component is determined by inflat-
ing the Medicaid base-year operating cost per diem
to the rate year. The base-year operating cost per
diem is computed by subtracting the capital cost
per diem from the total base-year Medicaid cost
per diem. Base-year Medicaid costs include
inpatient routine, special care, and ancillary servic-
es, malpractice insurance, interns" and residents'
services, and other covered inpatient services.

(c) Inflation factors for the operating rate com-
ponents are based on the National Hospital Market
Basket Index and the most recent actual and
projected cost data available from the North
Carolina Office of State Budget and Management.

(d) The prospective rate for a new hospital is set
at the lower of:

(1) The all-hospital mean rate; or

(2) Seventy-five percent of the hospital's
projected average gross inpatient reve-
nue per day during the first year of
operations.

This provision applies to a hospital if a cost report
covering at least twelve months of normal opera-
tions has not been filed. This rate is the base-year
rate until a desk-reviewed cost report covering at
least twelve months of normal operations is avail-
able.

(e) Out-of-state hospital services are reimbursed
according to the rates established by the Medicaid
Agency of the State in which the hospital is locat-
ed. If a usable rate cannot be obtained, services
are reimbursed at 75 percent of billed charges or
a negotiated rate not to exceed reasonable cost.

(f) The initial base-year for psychiatric hospitals
is the cost reporting period ending in 1989, or

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1649

PROPOSED RULES

1990 if a full year cost report is available as of
April 1, 1991. The total base-year per diem cost
for a hospital is limited to the median per diem
cost in the base-year of all psychiatric hospitals.
The limit does not apply to or reduce any amorti-
zation of start-up costs of an individual hospital.
State-operated hospitals are not included in the
calculation of the median per diem cost.

(g) To assure compliance with the separate
upper payment limit for State-operated facilities,
the hospitals operated by the Department of Hu-
man Resources and the University of North Caroli-
na Hospitals will be reimbursed their reasonable
costs in accordance with the provisions of the
Medicare Provider Reimbursement Manual.

(h) This plan intends to encourage the use of
lower-cost hospitals for routine illnesses. Hospi-
tals with rates at or below the all-hospital mean
will be reimbursed at the full prospective rate
without day limits. Hospitals with rates higher
than the mean rate of all hospitals will be reim-
bursed at the full prospective rate up to an annual
days limit. Days in excess of the limit will be
reimbursed at the mean rate of hospitals below the
all-hospital mean. This reimbursement limitation
will be eliminated for claims paid in April, 1991
and thereafter if and when:

( 1 ) the Health Care Financing Administra-
tion, U.S. Department of Health and
Human Services, approves amendments
submitted to HCFA by the Director of
the Division of Medical Assistance on
or about March 14, 1991 as ^MA
91-10 and #MA 91-11, wherein the
Director proposes amendment of the
State Plan to eliminate the "Annual
Days Limit" to the Plan, and

(2) the Director of the Division of Medical
Assistance determines that sufficient
funds are available pursuant to Rule
.0206(b)(3) of this Section or otherwise
for this purpose.

Auihority G.S. 108A-25(h): W8A-54: 108A-55:
S.L. 1985. c. 479. s. 86; 42 C.F.R. 447. Subpart
C.

TITLE 1 1 - DEPARTMENT OF
INSURANCE

iS otice is hereby given in accordance with G.S.
150B-21 .2 that the N. C. Department of In.-mrance
intends to amend rules cited as 11 NCAC 15
. 0002 . . 0004 - . 0006 and . 0010.

1 he proposed effective date of this action is
February 1. 1993.

1 he public hearing will be conducted at 10:00
a.m. on December 2. 1992 at the Medical Data-
base Commission, 112 Cox Ave., Suite 208, 2nd
Floor Board Room. Raleigh. N. C 27605.

Iveason for Proposed Action: To comply with the
provisions of G.S. 131E-212(b) (9).

(comment Procedures: Written comments may be
sent to Jim Hazel rigs. Medical Database Commis-
sion, 112 Cox Avenue. Raleigh, N.C. 27605. Oral
presentations may be made at the public hearing.
Anyone having questions should call Jim Hazelrigs
at (919) 733-7141 or Ellen Sprenkel at (919) 733-
4529.

CHAPTER 15 MEDICAL DATABASE
COMMISSION

.0002 DEFINITIONS

As used in this Chapter, unless specifically stated
otherwise, the following words have the following
meanings:

(1) Act. The North Carolina Medical Data-
base Commission Act, G.S. 131E-210
through 213.

(2) Aggregate data. A grouping or categori-
zation of the raw data such that the unit
of observation is something other than an
individual discharge. Reports of aggre-
gate data with small cell counts will be
edited to prevent potential identification
of individual patients.

(3) Ambulatory surgery billing form. Either
the UB-82 or HCFA 1500 claim form
required by the payor of services for
ambulatory surgical services billing.

(4) Ambulatory' surgical case. An individual
who receives one or more ambulatory
surgical procedures in an ambulatory^
surgical operating room during a single
operative encounter.

(5) Ambulatory surgical facility. As defined
in G.S. 131E-176(1).

(6) Ambulatory surgical program. As de-
fined in G.S. I31E-I76(la).

(7) Ambulatory' surgical services. Those
surgical services provided to patients as
pail of an ambulatory surgical program

1650

7:16

NORTH CAROLINA REGISTER

November 16, 1992

PROPOSED RULES

within a licensed ambulatory surgical
facility or a general acute care hospital
licensed under G.S. 131 E. Article 5^ Part
A,

(8) (5-)Case mix data. Case specific dis-
charge data which describe socio-demogr-
aphic characteristics of the patient; total
and component charges; principal and
other diagnoses; treatment and services
provided to the patient; as well as dura-
tion and status of the patient's stay in the
hospital. Case mix data refers to the
actual data elements abstracted from the
UB-82 claim form as well as classifica-
tions resulting from groupings of specific
data elements, e.g., DRG category.

(9) (4)Charge data. Charge data shall consist
of the UB-82 data elements and codes
specified in 11 NCAC 15 .0005.

(a) Hospital inpatient reporting will consist
of UB-82 data elements and codes; and

(b) Hospital ambulatory surgical programs
and ambulatory' surgical facilities re-
porting cases of ambulators'/outpatient
surgery' will consist of either or both
the UB-82 or HCFA 1500 data ele-
ments and codes.

0)Commission. The Medical Database
Commission established under G.S.
131E-211.

(^^Compilations. The arrangement of
data collected by and furnished to the
Commission by any corporation, associa-
tion, or entity acting under agreement
with the Commission for release and
dissemination to the public.
f^Data Provider. The legal entity re-
sponsible for submitting data to the Com-
mission as specified in 1 I NCAC 15 this
Chapter.

(13) fS^Dataset. The full collection of the
data submitted by each data provider for
a particular reporting period in the pos-
session of the Commission or the con-
tractor designated by the Commission to
collect and process the data.

(14) t^Executi\e Director. The chief operat-
ing officer of the Commission.

(15) HCFA. The Health Care Financing
Administration of the I'.S. Department of
Health and Human Services, or any
successor agency.

(16) f40)Health Care Provider. Any person,
organization, or entity that renders health
care services, e.g., hospital, as defined in

(17)

(a)
(b)

(c)

(18)
ial

(19)
(20)

11 NCAC 15 .0002.

f44^Hospital. Any facility licensed by

the North Carolina Division of Facility

Services under G.S. 131E-77 (Hospital

Licensure Act) or under G.S. 122C-23

(Licensure of Facilities for the Mentally

III, the Mentally Retarded and Substance

Abusers), but does not include:

a facility with all of its beds designated

for medical type "LTC" (long term

care);

a facility with the majority of its beds
designated for medical type "PSY-3"
(mental retardation); or
a facility operated by the North Caroli-
na Department of Corrections.
Billing Forms.
f+3)Uniform hospital billing form.
Form UB-82/HCFA-I450, the hospital
billing form developed by the National
Uniform Billing Committee or its suc-
cessor.

Ambulatory surgery billing form.
Either the UB-82 or HCFA 1500 form
required by the payor of services for
ambulatory surgical services billing.
f4^Raw data. Patient specific records
including those which have been stripped
of all patient identifying information.
Reporting facility. Any of the hospitals,
ambulatory surgical facilities, nursing
homes, physicians, or other health care
providers from which collection of infor-
mation is authorized in JJ. NCAC 15
.0001 and for which administrative rules

are published and currently apply.
Statutory- Authority G.S. ]31E-212(h).

.0004 UNIFORM BILLING FORM

(a) All hospitals shall complete the uniform
hospital billing form for every inpatient discharged
after June 30, 1987, from any bed other than one
designated medical type "LTC" regardless of the
source of payment. For patients discharged after
June 30. 1987 who were admitted prior to July 1.
1987. hospitals shall submit to the Commission
either an admit-through-discharge claim or the
complete set of interim claims necessary to reflect
the total length of stay and charges.

(b) The information submitted to the Commis-
sion shall be reported only for the primary payer,
including Medicare. Medicaid, other government
programs, private insurance, health maintenance
organizations, self-insured, private pay patients.

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1651

PROPOSED RULES

and others. Claims for secondar)' payers will be
considered duplicate information and should not be
submitted to the Commission.

(c) Unless otherwise indicated in these rules.
this Section, completion of the uniform hospital
billing form for inpatient cases shall be in accor-
dance \>iith the instructions and definitions in the
manual de\eloped by the National L'niform Billing
Committee as adopted and finalized by the North
Carolina Uniform Billing Committee. A copy of
the manual is available for reference by contacting
the Executive Director of the Medical Database
Commi s sion at the Department of In s urance. Po s t
Office Box 26387. 112 Cox Avenue. Suite 208.
Raleigh. North Carolina. 27611. 27605.

(d) All hospital ambulaton,' surgical programs
and all ambulator^' surgical facilities shall complete
either the l'B-82 or the HCFA 1500 form for
every ambulatory surgical patient "released" from
care after September 30. 1 993 . The choice of
form will be dictated by the requirements of the
payor for whom the bill il prepared for the case
invoh'ed. however, the HCFA 1500 form will be
prepared [n cases where the payor has not stipulat-
ed which billing form to use.

ie] The UB-82 and the HCFA 1500 forms will
be completed in accordance v^ith the instructions
and definitions issued by the Commission. A copy
of these instructions is axailable for reference by
contacting the Executive Director at 1 12 Cox
A\'enue. Suite 208. Raleigh. North Carolina.
27605.

Stiituiory Authorin G.S. 131E-212(b).

.0005 DESCRIPTION OF DATA TO BE SUB>nTTED

(a) In accordance with all pertinent state and federal regulations on patient confidentiality, the following
l'B-82 data elements must be submitted to the Commission for every inpatient discharged regardless of payer:
DATA ELEMENT DESCRIPTION

(1) Patient Control Number Form locator 3 - As stated

in the North Carolina
UB-82 manual.

(2) Bill Type Form locator 4 - As stated

in the North Carolina
UB-82 manual.

(3) Medicaid Pro\ider Number Form locator 8 - The number

assigned to the provider
by Medicaid or as assigned
by the Commission.
(4j Zip Code of Patient Address Form locator 1 1 - Only the

zip code portion of this
field is required. Code
as stated in the North
Carolina UB-82 manual.

1652 7:16 NORTH CAROLINA REGISTER November 16, 1992

PROPOSED RULES

(5)

Patient Birth Date

(6)

Patient Sex

(7)

Admission Date

(8)

Admission Type

(9)

Source of Admission

(10)

Patient Status

(11)

Discharge Date (Statement

Covers Period)

(12)

All Revenue Codes and

Associated Charges

(13)

Payer Identification

(14) Certificate/Social Security/

Health Insurance Claim/
Identification Number

(15) Insurance Group Number

(16) Principal Diagnosis

(17) Other Diagnoses

(4 others maximum)

(18) Principal Procedure

and Date

(19) Other Procedures and

Dates

(20) Attending Physician

Identification

(21) Other Physician
Identification

Form locator 12 - As stated

in the North Carolina

UB-82 manual.

Form locator 13 - As stated

in the North Carolina

UB-82 manual.

Form locator 15 - As stated

in the North Carolina

UB-82 manual.

Form locator 17 - As stated

in the North Carolina

UB-82 manual.

Form locator 18 - As stated

in the North Carolina

UB-82 manual.

Form locator 21 - As stated

in the North Carolina

UB-82 manual.

Form locator 22 - As stated

in the North Carolina

UB-82 manual.

Form locators 51 and 53 -

As stated in the North

Carolina UB-82 manual.

Form locator 57A -

Classification code and

specific carrier

identification code for

primary payer.

Form locator 68 - As stated

in the North Carolina

UB-82 manual.

Form locator 70 - As stated

in the North Carolina

UB-82 manual.

Form locator 77 - As stated

in the North Carolina

UB-82 manual.

Form locators 78-81 - As

stated in the North

Carolina UB-82 manual.

Form locator 84 - As stated

in the North Carolina

UB-82 manual.

Form locators 85 & 86 - As

stated in the North

Carolina UB-82 manual.

Form locator 92 - Only the

State license number of

this field is required.

Code as stated in the North

Carolina UB-82 manual.

Form locator 93 - Only the

State license number of this

field is required. Code as

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1653

PROPOSED RULES

stated in the North Carolina

UB-82 manual.
(b) In accordance with all pertinent State and federal laws or regulations on patient confidentiality, the
following UB-82 data elements must be submitted to the Commission for every ambulatory surgical patient
released regardless of payor:

DESCRIPTION

Form locator 3 - As stated

DATA ELEMENT

ill

13)

i9j

Patient Control Number

il) Bill Type

Medicaid Provider Number

(4) Zi p Code of Patient Address

(5) Patient Birth Date

(6) Patient Sex

(7) Admission Date

(8) Admission Type

Source of Admission

(10) Patient Status

Discharge Date (System
Co\'ers Period)

All Revenue Codes and
Associated Charges

( 13) Payer Identification

(14) Certificate/Social Security/

Health Insurance Claim/
Identification Number

(15) Insurance Group Number

in the North Carolina
UB-82 Manual.

Form locator 4 ; As stated
in the North Carolina
UB-82 Manual.

Form locator 8 ^ The number
assigned to the provider
by Medicaid or as assigned
by the Commission.
Form locator 1 1 ^ Only the
zip code portion of this
field is required. Code
as stated in the North
Carolina UB-82 Manual.
Form locator 12 ; As stated
in the North Carolina
UB-82 Manual.

Form locator 13 ; As stated
in the North Carolina
UB-82 Manual.
Form locator 15 ;; As stated
in the North Carolina
UB-82 Manual.

Form locator 17 ; As stated
m the North Carolina
UB-82 .Manual.
Form locator 18 ^ As stated
in the North Carolina
UB-82 Manual.

Form locator 21 ; As stated
in the North Carolina
UB-82 Manual.

Form locator 22 ; As stated
in the North Carolina
UB-82 Manual.
Form locators 51 and 53 ^
As stated in the North
Carolina UB-82 Manual.

Form locator 57A ;

Classification code and

specific carrier

identification.

Form locator 68 :; As stated

in the North Carolina

UB-82 Manual.

Form locator 70 ; As stated
in the North Carolina
UB-82 Manual.

1654

7:16

NORTH CAROLINA REGISTER

November 16, 1992

PROPOSED RULES

(16) Principal Diagnosis

Form locator 77 ; As stated
in the North Carolina
UB-82 Manual.

(17)

Other Diagnoses
(4 others maximum)

Principal Procedure
and Date

(19) Other Procedures

(20) Attending Physician

Form locators 78-81 ^ As
stated in the North
Carolina UB-82 Manual.

(21) Other Physician
Identification

Form locator 84 ; As stated
in the North Carolina
UB-82 Manual.
Form locators 85 & 86 ^ As
stated in the North
Carolina UB-82 Manual.
Form locator 92 - Only the
State Identification number
license is required.
Code as stated
regardless of payer.
Form locator 93 ; Only the
State number of this
field is required. Code as
stated in the North Carolina
UB-82 Manual.

(c) In accordance with all pertinent State and federal laws or regulations on patient confidentiality, the
following HCFA 1500 data elements must be submitted to the Commission for every ambulatory surgical
patient released.

DESCRIPTION

Form locator 1 - as stated in the

DATA ELEMENT

(1) Type Coverage

12}

(4)

Insured's ID Number

Patient's Date of Birth

Sex

(5) Zip code of Patient Address

(6) Diagnosis or Nature of
Illness or Injury

{7} Dates of Service

(8) Place of Service

(9) Type of Service

Commission issued ambulatory
surgery data submission manual.
Form locator fa ; as stated in the
Commission issued ambulatory
surgery data submission manual.
Form locator 3 ; as stated in the
Commission issued ambulatory
surgery data submission manual.
Form locator 3 ; as stated in the
Commission issued ambulatory
surgery data submission manual.
Form locator 5 ; only the zip code is
required as stated in the Commission
issued ambulatory surgery data
submission manual .

Form locator 21 ; using the ICD-9-CM
code and stated in the Commission
issued ambulatory surgery data
submission manual.
Form locator 24A ^ as stated In the
Commission issued ambulatory
surgeiy data submission manual.
Form locator 24B ; as stated in the
Commission issued ambulatoi"v
surgery data submission manual.
Form locator 24C ; as stated in the
Commission issued ambulatory
surgery data submission manual.

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1655

PROPOSED RULES

14)

Procedures. Services,
Supplies

Diagnosis Code

Charges

10) Procedures. Services, Form locator 24D ; as stated ]n the

Commission issued ambulatory
surgery data submission manual.
Form locator 24E 2 as stated m the
Commission issued ambulatory
surgery data submission manual.
Form locator 24F ; as stated in the
Commission issued ambulatory
surgery data submission manual.
Form locator 24G ; as stated in the
Commission issued ambulatory
surgery data submission manual .
Form locator 25 ; as stated ]n the
Commission issued ambulatory
surgery data submission manual.
Form locator 26 ; as stated in the
Commission issued ambulatory
surgery data submission manual.
Form locator 28 ^ as stated in the
Commission issued ambulatory
surgery data submission manual.
Form locator 3_3 ; as stated In the
Commission issued ambulatory
surgery data submission manual.
fb)(d) Any hospital or ambulatory surgical facility which does not have a Medicaid provider number shall
contact the Commission for assignment of an identification number. This number shall be used in the
Medicaid Provider Number field for all UB-82 records submitted to the Commission.

13) Days or Units

Federal Tax ID

(15) Patient's Account No.

Total Charge

17) Physician's PIN Number

Statutory Authority G.S. I3IE-212(h).

.0006 DATA SUBMISSION

(a) Data Submission Requirements:

( 1 ) At a minimum, hospitals and ambulato-
ry surgical facilities shall submit the
required data within 45 calendar days
following the close of the calendar
quarter during which the patient was
discharged or died; therefore, data for
the calendar quarters ending March 3 1 ,
June 30, September 30, and December
31 shall be submitted on or before May
15, August 14, November 14, and
February 14, respectively. However,
hospitals may submit data more fre-
quently during the calendar quarter in
which the patient was discharged or
died.

(2) Upon receipt of a written request for an
extension from the data provider, the
Commission may, for good cause,
extend the time for submitting data for
a particular reporting period.

(b) Format for Data Submission:

(1) All hospitals and ambulatory surgical
facilities may submit UB-82 and HFCA

1500 (ambulatory surgery only ), dis-
charge data to the Commission on one
of three acceptable types of media: on
paper UB-82 forms, and HCFA 1500
forms (ambulatory surgery only) , on a
magnetic tape, or on a personal com-
puter (PC) diskette. Other types of
media used to submit the required data,
such as on-line transmission, must be
approved by the Commission.
(2) On and after July 1 , 1991 . each hospital
with 1,000 or more annual discharges,
as reported on the most current hospital
licensure application, must submit the
required UB-82 inpatient discharge data
on one of the acceptable electronic
media specified in this Rule and in the
format as required by the Commission.
An exemption will be considered by the
Commission if the hospital can demon-
strate that it lacks the technical capabili-
ty and computer resources to produce
the required data electronically. The
request for exemption must be made in
writing by the hospital's chief executive
officer, and received by the Commis

1656

7:16

NORTH CAROLINA REGISTER

November 16, 1992

PROPOSED RULES

sion no later than June 15. 1991. Each
hospital granted an exemption must
submit an annual certification signed by
the hospital's chief executive officer
verifying that the hospital continues to
meet the exemption criteria. The annu-
al certification form received from the
Commission must be returned to the
Commission no later than July 1 of
each year.

(3) The physical specifications of the mag-
netic tape shall be any size reel, record-
ed in nine track. Extended Binary
Coded Decimal Interchange Code
(EBCDIC) mode or ASCII, with densi-
ty equal to 1600 BPl or 6250 BPl,
unlabeled or with IBM standard labels.
Acceptable specifications for submis-
sion of data on a floppy disk shall be 5
1/4 inch IBM-PC compatible diskette.

(4) Data submitted via magnetic tape shall
conform to the uniform record layout as
required by the Commission. Data
submitted via PC diskette shall also
conform to a uniform record layout as
required by the Commission. Copies of
the required format may be obtained by
contacting the Executive Director of the
Medical Database Commission at the
Department of Inaurnncc. Post Office
Box 26387, 112 Cox Avenue, Suite
208, Raleigh, North Carolina, 37444
27605 .

(1) Data elements that are considered criti-
cal fields on the UB-82 form for record
editing purposes are Patient Control
Number, Bill Type, Medicaid Provider
Number, Zip Code, Date of Birth, Sex,
Admission Date, Admission Type,
Source of Admission, Patient Status,
Statement Covers Period, Revenue
Codes and Charges, Primary Payer,
Principal Diagnosis, Attending Physi-
cian Identification. Records containing
invalid UB-82 codes or all-blank fields
for any of these data elements will be
designated as error records.

(2) Data elements that are considered criti-
cai fields on the HCFA 1500 form for
record editing purposes are Insured's
ID. Number, Medicaid Provider num-
ber. Zip Code, Date of Birth, Sex,
Dates of Service, place of service, type
of service, procedures defined with

£3}

14}

15}

£Aj

CPT/HCPCS codes with modifiers,
principle diagnosis codes, principle and
secondary surgical procedure, patient's
account number, physician's PIN.
Records containing invalid HCFA 1500
form codes or aU blank fields for any
of these data elements will be designat-
ed as error records.

^The last revenue code listed must be
001, Total Charge, and this charge
must equal the sum of charges for all
other revenue codes reported.
{^On the UB-82 form for inpatient
cases, the following data elements must
contain valid codes if present: Primary
Payer - Specific Carrier Identification,
Other Diagnoses, Principal Procedure
Code and Date, Other Procedure Codes
and Dates, Other Physician Identifica-
tion (if a procedure was performed).
For ambulatory surgery cases the fol-
lowing data elements must contain valid
codes if present:
reported on UB-82: Primary Payer ;
Specific Carrier Identification, Other
Diagnoses. Principal Procedure Code
and Date. Other Procedure Codes and
Dates , Identification of Surgeon per-
forming the procedure-
reported on HCFA 1500: Type cov-
erage and insured ID number, specific
carrier identification, procedures,
services or supplies in CPT4 or
HCPC code, dates of service, Physi-
cian PIN.

£61

f4)Upon completion of the data error
assessment, the Commission or the
designated contractor shall promptly
notify each hospital or ambulatory
surgical facility whose records do not
pass the critical edit checks. This
notification shall identify the discharge
records and the data items within them
which do not pass the edits. Each
hospital receiving an error notification
report shall respond within 30 calendar
days of the notification by making the
necessary changes.

^Upon receipt of a written request for
an extension from the data provider, the
Commission may, for good cause,
extend the time for submitting the
necessary changes for a particular
reporting period,
(d) Data Submission Arrangements:

7:76

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November 16, 1992

1657

PROPOSED RULES

( 1 ) Each hospital or ambulatory surgical
facility or its designated agent shall
submit the required UB-82 data directly
to the Commission or to the designated
contractor.

(2) Resubmissions of data as required by
the Commission or upon the initiative
of a hospital or ambulatory surgical
facility will be accepted for the purpos-
es of adding records, amending data
elements or otherwise making modifica-
tions to a previous data submission.
Resubmissions shall conform to the
requirements of I I NCAC 15 .0006(b).

(e) Reimbursement for Data Submission:

For UB-82 and HCFA 1500 discharge
records generated solely for submission to the
Commission due t)

the absence of a third party payer, hospitals or
ambulatory surgical facilities shall be reimbursed
40 cents ($0.40) per discharge, regardless
of the choice of medium for submission.

Statutory Authority G.S. 131 E-2 12(h).

.0010 CONFIDENTIALITY OF DATA

(a) The Commission shall ensure that any
contract entered into with other parties for the
purposes of processing and analysis of data collect-
ed under this regulation shall contain assurances
that such other parties shall also comply with the
provisions of peilinent state and federal regulations
on patient confidentiality.

(b) The Patient Control Number (1)8-82 form
locator 3) and the Certificate/Social Securi-
ty/Health Insurance Claim/Identification Number
(L'B-82 form locator 68) and Insured's I.D. Num-
ber (HCFA 1500 form locator la) and the Patient
Account Number (HCFA 1500 form locator 26)
shall be used only for the purpose of establishing
an audit trail in the event that it is necessary to
retrieve the primary source document for valida-
tion of the abstracted data. Data collected under
these regulations and disclosed to other parties
shall be purged of Patient Control Numbers,
Certificate/Social Security/Health Insurance
Claim/Identification Numbers and Dates of Birth
prior to disclosure.

(c) Raw data submitted to the Commission or to
the designated contractor by hospital s by data
providers pursuant to the act shall be privileged
and confidential, and shall not be disclosed in any
manner. The foregoing includes, but shall not be
limited to, disclosure, inspection or copying under
the State's Public Record Act. However, these

prohibitions shall not apply to the reports prepared
for release and dissemination by the Commission,
(d) For compilations released, the Commission
will develop procedures to prevent small cell
counts from potentially identifying an individual
patient.

Statutory Authority G.S. 131E-212(h).

TITLE 15A - DEPARTMENT OF

ENVIRONMENT, HEALTH, AND

NATURAL RESOURCES

iiotice is hereby given in accordance with G.S.
150B-21.2 that the North Carolina Wildlife Re-
sources Commission intends to amend rules cited
as ISA NCAC JOA .0401 - .0402; lOB .0115; lOF
.0305, .0314. .0320 - .0321. .0330, .0340.

1 he proposed effective date of this action is
February 1. 1993.

Instructions on How to Demand a Public Hearing
(must be requested in writing within 15 days of
notice): A request for a public hearing must be in
writing and submitted to the Director's office. 512
N. Salisbury Street, Raleigh, NC 27604-1188 by
December 1. 1992.

easons for Proposed Actions:

15A NCAC lOA .0401 - .0402 - To make agency
procedures comply with statutory provisions.

15A NCAC lOB .0115 - To delete administrative
rules which are redundant and/or conflict with
local laws.

15A NCAC lOF .0305 - To remove no wake zones
from the Intracoastal Waterway in which the U. S.
Army Corps of Engineers does not approve no
wake zones.

15A NCAC lOF . 0314 - To remove a no wake zone
from the Intracoastal Waterway in which the U. S.
Army Corps of Engineers does not approve no
wake zones.

15A NCA C lOF . 0320 - To remove a no wake zone
from that portion of Swansboro Harbor located in
the Intracoastal Waterway in which the U.S. Army
Corps of Engineers does not approve no wake

1658

7:16

NORTH CAROLINA REGISTER

November 16, 1992

PROPOSED RULES

zones.

15A NCAC 1 OF .0321 - To remove a no wake zone
from the Intracoastal Waterway in which the U.S.
Arm\ Corps of Engineers does not approve no
wake zones.

15A NCAC 1 OF .0330 - To remove a no wake zone
from the Intracoastal Waterway in which the U.S.
Army Corps of Engineers does not approve no
wake zones.

15A NCA C lOF . 0340 - To remove a no wake zone
from the Intracoastal Waterway in which the U. S.
Army Corps of Engineers does not approve no
wake zones.

rule sought to be adopted or amended
and a statement of its desired effect;
and

{§) date upon which the rule, amendment

or repeal is proposed to become cffee
tive; and
(5) {^ signature of the petitioner,
(b) In addition to the foregoing, the petition may
contain expression of any reasons in support or
arguments in favor of the regulatory action pro-
posed. Any tables, charts, maps, publications,
photographs or other supporting materials which
the petitioner deems pertinent to the proposal may
be included by way of exhibits or attachments.

Statutory- Authority- G.S. 150B-20.

(comment Procedures: Interested persons may
present their views in writing from November 16,
1992 to December 16. 1992. Such written com-
ments must be delivered or mailed to the N. C.
Wildlife Resources Convnission. 512 N. Salisbury
Street, Raleigh. NC 27604-1 188.

CHAPTER 10 - WILDLIFE RESOURCES
AND WATER SAFETi"

SUBCHAPTER lOA - WILDLIFE
RESOURCES COM^USSION

SECTION .0400 - PETITIONS FOR RULE

.0401 FORM AND CONTENTS OF
PETITION

(a) A petition for rule must be a written commu
nication, sp e cifically d es ignat e d as a "P e tition for
Rule," petition requesting rulemaking, addressed
to the Executive Director. Wildlife Resources
Commission, Archdale Building, 512 North Salis-
bury Street, Raleigh, North Carolina 2761 1 ,
27604-1188, and must contain:

(1) name and address of the petitioner;

(2) name and address of the person, group
or organization, if any, on behalf of
which the petition is made, together
with the representative capacity of the
petitioner;

(3) identification of the rule or r e gulation
sought to be adopted, amended or
repealed^ if such is the purpos e of the
petition;

(4) suggested language for any original or
amendatory rul e or r e gulation propo se d
for adoption, or a c le ar and concise

.0402 ACTION ON PETITION

(a) The Executive Director shall cause the
petition fef — fvtie requesting rulemaking to be
marked or stamped with the date of its receipt by
him, which date shall constitute the date of its
submission. The Executive Director shall then
refer the petition requesting rulemaking to the
Wildlife Resources Commission for its consider-
ation.

(b) Within iQ 120 days following submission of
the petition for rule, the Executive Director re-
questing rulemaking, the Wildlife Resources
Commission shall:

(1) deny the petition in writing, stating the
reason or reasons for such denial; or

(2) initiate rule making rulemaking pro-
ceedings in accordance with G.S.
1 4 3B 18 and I50B 12, or in accordance
with G.S. 150B 13; G.S. I50B-20.

i^ take such action as may be suggested

by the petition for rule; or
{4) talce such other action a s ho may deem

appropriat e .

(c) The Wildlife Resources Commission shall
notify the person who submitted the petition of the
action taken by the Commission. Any denial of a
petition for rule requesting rulemaking shall be
sent to the petitioner at the address therein indicat-
ed by registered mail, "return receipt requested."

Statutory Authority- G.S. 150B-20.

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1659

PROPOSED RULES

SUBCHAPTER lOB - HUNTING AND TRAPPING
SECTION .0100 - GENERAL REGULATIONS

.0115 SHINING LIGHTS IN DEER AREAS

(a) It having been found upon sufficient evidence that certain areas frequented by deer are subject to
substantial unlawful night deer hunting, or that residents in such areas have been greatly inconvenienced by
persons shining lights on deer, or both, the shining of lights on deer in such areas is limited by Paragraphs
(b) and (c) of this Rule, subject to the exceptions contained in Paragraph (d) of this Rule.

(b) No person shall, between the hours of 1 1:00 p.m. and one-half hour before sunrise, intentionally shine
a light upon a deer or intentionally sweep a light in search of deer in the indicated portions of the following
counties:

(1) Beaufort -- entire county;

(2) Bladen -- entire county;

(3) Brunswick — entire county;

(4) Camden — entire county;

(5) Chowan — entire county;

(6) Currituck — entire county;

(7) Duplin -- entire county;

(8) Franklin -- entire county;

(9) Gates -- entire county;

(10) Greene -- entire county;

(11) Hertford -- entire county;

(12) Hoke — entire county;

(13) Hyde -- entire county, except that part of the county described in Paragraph (c) of this Rule;

(14) Jones -- entire county;

(15) Lenoir — entire county;

(16) Martin — entire county;

(17) Nash — entire county;

(18) Pamlico — entire county;

(19) Pasquotank — entire county;

(20) Pender — entire county;

(21) Perquimans -- entire county;

(22) Pitt -- entire county;

(23) Richmond -- entire county;

(24) Sampson -- entire county;

(25) Tyrrell -- entire county;

(26) Vance -- entire county;

(27) Wake -- entire county;

(28) Warren -- entire county;

(29) Washington — entire county;

(30) Wayne — entire county.

(c) No person shall, between the hours of one-half hour after sunset and one-half hour before sunrise,
intentionally shine a light upon a deer or intentionally sweep a light in search of deer in the indicated portions
of the following counties:

(1) Alamance -- entire county;

(2) Alexander -- entire county;

(3) Alleghany -- entire county;

(4) Anson -- entire county;

(5) Ashe -- entire county;

(6) Avery -- that portion south and east of Highway 221;

(7) Burke -- entire county;

(8) Cabarrus -- entire county;
f9-) Caldwell entire county;

(9) f+0^ Caswell -- entire county;

1660 7:16 NORTH CAROLINA REGISTER November 16, 1992

PROPOSED RULES

(10)

(11)

(12)

(13)

f44)

(14)

f44)

(15)

f+^

(16)

(17)

(18)

(19)

t30)

(20)

f*+^

(21)

(22)

f3^

(23)

(34)

(24)

(3^

(25)

(26)

(3^

Catawba — entire county;

Chatham — entire county;

Clay -- entire county;

Cleveland -- entire county;

Cumberland -- entire county;

Davidson — entire county;

Davie -- entire county;

Durham -- entire county;

Edgecombe — entire county;

Forsyth County -- entire county;

Gaston — entire county;

Granville — entire county;

Guilford -- entire county;

Halifax — entire county;

Harnett -- entire county;

Henderson -- entire county;

Hyde — that part bounded on the north by a line running parallel with and 1(X)0 yards in a
northward direction from that part of SR 1304 that leads from Hodges' Fork to Rose Bay, on the
east by the Mattamuskeet National Wildlife Refuge boundary, on the southeast by US 264, and on
the west and southwest by a line running parallel with and 1000 yards in a west or southwest
direction from the centerline of SR 1304;

(27) (3^ Iredell — entire county;

(28) (3^ Johnston — entire county;

(29) 00) Lee — entire county;

(30) (^4) Lincoln — entire county;

(31) 03) McDowell — entire county;

(32) 0^ Mecklenburg -- entire county;

(33) (34) Mitchell — entire county;

(34) (^^ Montgomery — entire county;

(35) 04) Northampton -- entire county;

(36) 07) Orange County — entire county;

(37) {?>%) Person -- entire county;

(38) 09) Polk -- entire county;

(39) (40) Randolph — entire county;

(40) (44^ Robeson County — entire county;

(41 ) f43) Rockingham -- entire county;

(42) f43-) Rowan -- entire county;

(43) (44) Rutherford - entire county;

(4§) Scotland that part lying west of US 4 01 north of Laurinburg and north of US 7 4 we s t of

Laurinburg;

(44) f46) Stanly — entire county;

(45) f47) Stokes -- entire county;

(46) (4^ Surry — entire county;

(47) f49) Transylvania -- entire county;

(48) 00) Union -- entire county;

(49) 04) Watauga -- entire county;
03) Wilkes entire county;

(5^) Yadkin entire county;

(50) 04) Yancey — entire county.

(d) Paragraphs (b) and (c) of this Rule shall not be construed to prevent:

(1) the lawful hunting of raccoon or opossum during open season with artificial lights designed or
commonly used in taking raccoon and opossum at night;

(2) the necessary shining of lights by landholders on their own lands;

(3) the shining of lights necessary to normal travel by motor vehicles on roads or highways; or

(4) the use of lights by campers and others who are legitimately in such areas for other reasons and

7:76 NORTH CAROLINA REGISTER November 16, 1992 1661

PROPOSED RULES

who are not attempting to attract or to immobilize deer by the use of lights.

Statutory Authority G.S. 113-134: 113-291.1: S.L.
1180.

SUBCHAPTER lOF - MOTORBOATS AND
WATER SAFETV

SECTION .0300 - LOCAL WATER SAFETl
REGLTATIONS

.0305 BRL^SWICK COUNTY

(a) Regulated Areas. This Rule applies to the
waters and portions ot waters described as follows:

(1) Lockwoods Folly River. An area
bounded on the north by the north bank
of Lockwoods Folly River, on the south
by Mud Flats in the Lockwoods Folly
River and extending 300 feet north and
300 feet south of Varnums Landing at
Genoes Point.

(2) Calabash River. An area located on the
Calabash River beginning 100 feet west
of the Billy Cox Landing and extending
100 feet east of Captain Harr)'"s Land-
ing.

(3) State Port Authority Small Boat Har-
bor. Beginning at the Intracoastal
Waterway on the easterly side of the
North Carolina State Port Authority
Small Boat Harbor; thence runs along
and with the easterly boundary of the
said boat harbor basin and along the
northerly boundary and westerly bound-
ary thereof to a point at the intersection
of the v\esterly boundary of said boat
harbor with the highwater mark of the
Intracoastal Waterway; runs thence in
an easterly direction with the highwater
mark of the Intracoastal Waterway to
the place and point of beginning, and
being the entire small boat harbor in
Southport.

f4) Intracoa s tal Watcrvt'oy:

{Aj — Southport.

fi^ That portion of the Intracoastal

waterw'ny. — which — intersects — the
entrance to the "Uld 't'nchl Ba s in"
at the city of Southport. — for a
distance of 350 foot to be mark e d
at e ach end by appropriate mark
ors .

ft^) That portion of the ICW which

intersects — the — entrance — te — the
Southport Marina at the city of

1981, Ch. 410; S.L. 1981 (Second Session 1982), Ch.

Southport for a diatancc of ap
proximately — 300 — yards — le — be
mark e d at each end by appropriate
markers.
t&) — Holdcn Beach. — That portion of the
Inland — Waterway — at — the — Town — ©f
Holdon Beach from a point opposite
Rothschild Street ea s terly to a point
approximately — 1-90 — yards — east — &f
Conch Street to be marked at each
end by appropriate markers.
{G) — Inlet View Marina. — That portion of
the Intracoa s tal Waterway v^'ithin 500
feet of Inlet Vicv\' Marina. — located
between Ocean I s le Beach and Sea
flidc.
f&) — Tanglevvood Area Boat Ramp. — That
portion of the Intracoastal Waterway
within 100 yards of the Tanglcwood
Area boat ramp located on the north
side of the said waterway opposite
Holdon Beach.
(4) {&) Shallotte River. The portion of the
Shallotte River beginning at its intersec-
tion with the Intracoastal Waterway and
extending from the northern boundary
of the Intracoastal Waterway for a
distance of 500 feet to the north, to be
marked by appropriate markers.
15] {h) Big Davis Creek. That part of Big
Davis Creek within 100 yards of Sport-
sman Inn at Blue Water Point Marina
near Long Beach.
(6) ifh Town of Ocean Isle Beach. Those
waters in the canals, both natural and
concrete, which are located on the
south side of the Intracoastal Waterway
in the Town of Ocean Isle Beach.

(b) Speed Limit. No person shall operate any
motorboat or vessel at greater than no-wake speed
within any of the regulated areas described in
Paragraph (a) of this Rule.

(c) Placement and Maintenance of Markers.
The Board of Commissioners of Brunswick County
is designated a suitable agency for placement and
maintenance of the markers implementing this
Rule, subject to the approval of the United States
Coast Guard and the United States Army Corps of
Engineers.

Statutory Authority- G.S. 75A-3: 75A-15.

1662

7:16

NORTH CAROLINA REGISTER

November 16, 1992

PROPOSED RULES

.0314 NEW HANOVER COUNTY

(a) Regulated Areas. This Rule applies to the
following waters in New Hanover County:

(1) that area bounded on the north by the
bridge of US 74-76 crossing the Intra-
coastal Waterway, on the south by a
line parallel to the center line of said
highway and intersecting Intracoastal
Waterway marker number 127, on the
west by the high-water line of
Wrightsville Sound, and on the east by
a line perpendicular to the center line of
said highway and intersecting marker
number 27 in Motts Channel;

(2) that area of Motts Channel between
marker number 27 at the Intracoastal
Waterway on the west and marker
number 16 at the entrance from Banks
Channel on the east;

~^ (3) that area bounded on the west by the
bridge of US 76 crossing Bradley
Creek, on the north and south by the
banks of said creek, on the east by a
line parallel to the center line of the
aforesaid highway, said line being
1,000 feet, more or less, eastwardly
therefrom and intersecting the
westernmost port (black) marker in
Bradley Creek Channel;

(4) that part of Lee's Cut between the
Intracoastal Waterway and the eastern
boundary of the Lee's Cut-Channel
Walk property at Wrightsville Beach.

{&j that part of Myrtle Grove Sound at the

Dolphin Bay boat docks extending 150
yards — t© — either — sitde — of Intracoastal
Waterway marker No. 157.

(5) (6) the unnamed channel lying between
the shore west of Bahama Drive in the
Town of Wrightsville Beach and an
unnamed island located approximately
500 feet northeast of the US 74 bridge
over Banks Channel.

(6) fj^ those waters of the Northeast Cape
Fear River between the US Hwy. 117
bridge and the Seaboard Coastline
Railroad bridge.

(b) Speed Limit. No person shall operate a
vessel at greater than no-wake speed within any of
the regulated areas described in Paragraph (a) of
this Rule.

(c) Placement and Maintenance of Markers.
The Board of Commissioners of New Hanover
County is designated a suitable agency for place-
ment and maintenance of the markers implement-

ing this Rule, subject to the approval of the United
States Coast Guard and the United States Army
Corps of Engineers.

Statutory Authority G.S. 75A-3: 75A-15.

.0320 ONSLOW COUNTY

(a) Regulated Areas. This Rule applies to the
following waters and portions of waters:

(1) Old Settler's Beach: those waters of
Onslow County contained within the
canals located in the Old Settler's Beach
subdivision extended from the Pender
County line northwardly or northeaster-
ly to the canal adjacent to or near the
property of Topsail Island Developers,
Inc., and more specifically those canals
extending along the cul-de-sac lots from
the Pender County line northwardly or
northeasterly to the most northwardly
of said canals above referred to, said
canals extended from First Street to the
canal lying northwardly or northeasterly
of Ninth Street, to include those waters
of the approach canal at Old Settler's
Beach from marker number 53 in the
Intracoastal Waterway south to Broad-
way Street;

(2) New River: those waters of New Riv-
er, near Jacksonville, between a point
100 yards upstream, and 300 yards
downstream, of the Seaboard Coast
Line Railroad trestle; and those waters
of the New River between the Old
Bridge Street and US 17 (Riverview
Street) bridges and upstream from the
US 17 bridge along the south shore to
a point 50 yards beyond the Jackson-
ville Marina;

(3) Wheeler's Point: those waters in the
creek from Wheeler's Point northerly to
SR 1558 near the town of Sneads Fer-
ry;

(4) Swansboro Harbor: those waters of
White Oak River and Swansboro Bay
we s t of a line 25 yard s oa s t of and
parallel with the NC 2 4 bridge, east of
a line running through markers 4 6C and
4 7A at Casper's Marina, and north of
an cast west line intersecting the north
crn point of the island lying immediate
ly we s t of marker 4 6B. between the
Atlantic Intracoastal Waterway and the
NC Highway 24 bridge. Swansboro.

(b) Speed Limit. No person shall operate any

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1663

PROPOSED RULES

motorboat or vessel at greater than no-wake speed
within the regulated areas described in Paragraph
(a) of this Rule.

(c) Placement and Maintenance of Markers.
The Board of Commissioners of Onslow County is
designated a suitable agency for placement and
maintenance of the markers implementing this
Rule, subject to the approval of the United States
Coast Guard and the United States Army Corps of
Engineers.

Stumtors- Authority G.S. 75A-3: 75A-15.

.0321 FENDER COUNTV'

(a) Regulated Areas. This Rule applies to the
following v\aters in Pender County:

(1) the canal adjoining Old Point Develop-
ment;

(2) the First Finger Canal in New Topsail
Beach;

<43 that portion of the Intracoaatal Water

way within 2000 foot of the Scars Land
ing (Surf City) Drawbridge;

f4^ that portion of the Intracoastal Water

way within 200 yard s of Scott s Hill
Marina;

(3) f#) those waters of the Northeast Cape
Fear River between the U.S. Highway
117 bridge and the Seaboard Coastline
Railroad bridge.

(b) Speed Limit. No person shall operate any
motorboat or vessel at greater than no-wake speed
v.'ithin the regulated areas described in Paragraph
(a) of this Rule.

(c) Placement and Maintenance of Markers.
The Board of Commissioners of Pender County is
designated a suitable agency for placement and
maintenance of the markers implementing this
Rule, subject to the approval of the United States
Coast Guard and the United States Army Corps of
Engineers.

Statuton- Authority G.S. 75A-3: 75A-15.

.0330 CARTERET COUNTi

(a) Regulated Areas. This Rule applies to the
following waters in Carteret County:

H^ that portion of the Intracoastal Water

vx'uv within 200 foot on each side of the
entrance to Sea Gate .Marina;
( 1 ) (24 the waters of Money Island Slough
beginning at the east end of Money
Island near the Anchorage Marina Basin
and ending at the west end of Money
Island where Brooks A\enue deadends

at the slough;

(2) 0^ the waters of Taylor Creek located
within the territorial limits of the Town
of Beaufort;

(3) i4j the waters of Pelletier Creek begin-
ning at the entrance to Pelletier Creek
at the Intracoastal Waterway and ending
at U.S. Highway 70;

(4) 0) the waters of Bogue Sound in
Morehead City between Sugar Loaf
Island and the seawall on the south side
of Evans, Shepard and Shackleford
Streets and bounded on the east by the
State Ports Authority and on the west
by the eastern right-of-way margin of
South 13th Street extended;

(5) f^ the waters of Gallant's Channel
from the US 70 crossing over the
Grayden Paul bridge to Taylor's Creek;

(6) fT^ the waters of Cedar Island Bay and
Harbor from U.S. 70 to Cedar Island
Bay Channel Light 8;

(7) (^ the waters of Radio Island Creek.

(b) Speed Limit. It is unlawful to operate a
motorboat or vessel at a speed greater than
no-wake speed while on the waters of the regulated
areas designated in Paragraph (a) of this Rule.

(c) Placement and Maintenance of Markers.
The Board of Commissioners of Carteret County,
with respect to the regulated areas designated in
Subparagraphs (1). (2), (4), (6), (7) and (8) of
Paragraph (a) of this Rule, and the Board of
Commissioners of the Town of Beaufort, with
respect to the regulated area designated in Sub-
paragraph (3) of Paragraph (a) of this Rule, and
the Board of Commissioners of Morehead City,
with respect to Subparagraph (5) of Paragraph (a)
of this Rule, are designated as suitable agencies for
placement and maintenance of the markers imple-
menting this Rule, subject to the approval of the
United States Coast Guard and the United States
Army Corps of Engineers.

Statutory Authority G.S. 75A-3: 75A-15.

.0340 CURRITUCK COUNTY

(a) Regulated Areas. This Rule applies to the
waters and portion of waters described as follows:
(1) Bell's Island. The waters contained in
all the canals on Bell's Island.

(-3-1 Intrnnnn 'j tiil W

f2^

Intracoastal Waterway. — 1 he portion
the — Intracoa s tal — Waterway vx'ithin the
"slow speed" zone established by the
L ' nited States Army Corp s of Engineer s
on both side s of the U.S. Highway 15 8

1664

7:16

NORTH CAROLINA REGISTER

November 16, 1992

PROPOSED RULES

bridge at Coinjock.

(2) 0) Walnut Island Subdivision. The
waters in all the canals in the Walnut
Island subdivision in the Village of
Grandy.

(3) (4) Neal's Creek Landing. Those
waters of Currituck Sound within 50
yards of Neal's Creek Landing as delin-
eated by appropriate markers.

(4} {&) Tull's Bay.

(A) Those waters of Tull's Creek within
50 yards upstream and 50 yards
downstream of and within the canal
leading to Tull's Bay Marina as
delineated by appropriate markers.

(B) Those waters which constitute the
canals of the Tull's Bay Colony sub-
division and 50 yards north along the
Mississippi Canal from its intersection
with Elizabeth Canal.

(b) Speed Limit. No person shall operate any
motorboat or vessel at greater than no-wake speed
within any of the regulated areas described in
Paragraph (a) of this Rule.

(c) Placement and Maintenance of Markers.
The Board of Commissioners of Currituck County
is designated a suitable agency for placement and
maintenance of the markers implementing this
Rule, subject to the approval of the United States
Coast Guard and the United States Army Corps of
Engineers.

Statutory Authority G.S. 75A-3: 75A-15.

fSotice is hereby given in accordance with G.S.
1508-21. 2 that the North Carolina Wildlife Re-
sources Comttiission intends to amend rules cited
as 15A NCAC lOF .0310. .0313.

1 he proposed effective date of this action is
February 1, 1993.

1 he public hearini.; will be conducted at 10:00
a.m. on December 1 , 1992 at the Archdale Build-
ing, Room 332, 512 N. Salisbury Street, Raleigh,
NC 27604-1188.

Ixeasons for Proposed Actions:

15A NCAC 1 OF .0310 - To establish no wake zone

in a bay where .speeding boats are causing a safety
hazard.

15A NCAC lOF .0313 - To establish a no wake
zone on a portion of a canal to eliminate safety
hazards caused by speeding boats.

i^onmient Procedures: Interested persons inay
present their views either orally or in writing at
the hearing. In addition, the record of hearing
will be open for receipt of written comments from
November 16, 1992 to December 16, 1992. Such
written conunents must be delivered or mailed to
the N.C. Wildlife Resources Commission, 512 N.
Salisbury Street. Raleigh, NC 27604-1 188.

CHAPTER 10 - WILDLIFE RESOURCES
AND WATER SAFETY

SUBCHAPTER lOF - MOTORBOATS AND
WATER SAFETY

SECTION .0300 - LOCAL WATER SAFETY
REGULATIONS

.0310 DARE COUNTY

(a) Regulated Areas. This Rule applies to the
following waters and portions of waters:

(1) Manteo. Doughs Creek adjacent to
Shallowbag Bay and all canals situated
within the territorial limits of the Town
of Manteo.

(2) Hatteras. The waters of Hatteras Har-
bor and Muddy Creek bounded on the
north and south by the high-water
mark, on the west by a straight line
between channel markers number 20
and 17, and on the east by the mouth of
Muddy Creek at Sandy Bay;

(3) Mann's Harbor. The waters of Ferry
Dock Road Canal;

(4) Nags Head
Those waters contained within the
canals of Old Nags Head Cove Devel-
opment;

The Roanoke Sound inlets at Pond
Island on either side of Marina Drive
extending north from US 64-264;

(5) Wanchese.
The waters of Wanchese Harbor;
The Canal from its beginning where it
connects with the Roanoke Sound
south of the dead end road SR 1141
extending northwest roughly parallel

(A)

(B)

(A)
(B)

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1665

PROPOSED RULES

to SR 1141 and SR 1 142, then west-
ward roughly parallel to NC 345, and
finally curving to the southwest
roughly parallel to the C.B. Daniels
Road to its end.

(6) Stumpy Point Canal. That portion of
Stumpy Point Canal beginning at the
Wildlife Resources Commission boating
access area and extending inland for a
distance of 3,600 feet;

(7) Stumpy Point Basin. That portion of
the Stumpy Point Basin, at the head of
the Stumpy Point Bay, which is next to
Highway 264 in the dock area and
designated by the appropriate markers.

(8) fT) Town of Southern Shores. The
waters contained in the canals and
lagoons within the territorial limits of
the Town of Southern Shores;

(9) fS) Colinglon Harbour. The waters
contained in the canals of Colington
Harbour.

(b) Speed Limit. No person shall operate any
motorboat or vessel at greater than no-wake speed
within any of the regulated areas described in
Paragraph (a) of this Rule.

(c) Placement and Maintenance of Markers.
Subject to the approval of the L'nited States Coast
Guard and the United States Army Corps of
Engineers, the following agencies are designated
suitable agencies for placement and maintenance of
markers implementing this Rule as to the regulated
areas listed in the several Subparagraphs of Para-
graph (a) of this Rule:

(1) the Board of Commissioners of the
Town of Manteo as to the areas indicat-
ed in Subparagraph (1);

(2) the Board of Commissioners of Dare
County as to the areas indicated in
Subparagraphs (2) through (6) and (8);

(3) the Board of Commissioners of the
Town of Southern Shores as to the
areas indicated in Subparagraph (7).

Statutory Authority G.S. 75A-3: 75A-15.

.0313 H\'DE COUNT\

(a) Regulated Areas. This Rule applies to the
following waters in Hyde County:

( 1 ) Swan Quarter Canal near the Town of
Swan Quarter;

(2) Carawan Canal;

(3) The \».'aters within 50 yards of all public
boat launching areas providing access to
Pamlico Sound;

(4) Far Creek near the Town of Engelhard;

(5) Fodrey Canal. That portion of Fodrey
Canal beginning at its entrance at the
number 3 beacon and extending inland
for a distance of 300 yards.

(b) Speed Limit. No person shall operate a
motorboat or vessel at greater than no-wake speed
on the regulated areas described in Paragraph (a)
of this Rule.

(c) Placement and Maintenance of Markers.
The Board of Commissioners of Hyde County is
designated a suitable agency for placement and
maintenance of the markers implementing this
Rule, subject to the approval of the United States
Coast Guard and the United States Army Corps of
Engineers.

Statutory Authority G.S. 75A-3; 75A-15.

TITLE 16 - DEPARTMENT OF
PUBLIC EDUCATION

iS otice is hereby given in accordance with G.S.
150B-21.2 that the State Board of Education
intend.s to repeal rules cited as 16 NCA C 6G . 0101
- .0102; and amend rules cited as 16 NCAC 6G
. 0301 - . 0302.

1 he proposed effective date of this action is
March 1, 1993.

The public hearing for 16 NCAC 6G .0101 -
.0102 will be conducted at 9:30 a.m. and for 16
NCAC 6G .0301 - .0302 will be conducted at
10:30a.m. on December 10, 1992 at the 3rd Floor
Board Room. Education Bldg. .116 West Edenton
Street. Raleigh. NC 27603-1712.

Ixeasons for Proposed Actions:

16 NCAC 6G .0101 - .0102 - Responsibility for
these items has been transferred to the Department
of Community Colleges.

16 NCAC 6G .0301 - .0302 - Amendments make
minor conforming changes as a result of recent
legislation.

K^omment Procedures: Any interested person may
submit oral comments at the hearing or written
comments by December 21 , 1992.

1666

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NORTH CAROLINA REGISTER

November 16, 1992

PROPOSED RULES

CHAPTER 6 - ELEMENTARY AND
SECONDARY EDUCATION

SUBCHAPTER 6G - EDUCATION AGENCY
RELATIONS

SECTION .0100 - PRIVATE BUSEVESS AND

TRADE SCHOOLS AND

CORRESPONDENCE SCHOOLS

.0101 LICENSING PROCEDURES

(e^ — Any person who desires to operate a private
business and trade school in the state or a private
correspondence school which solicits students from
this state must obtain a license from — the Depart
mcnt. The Department will i ss ue a license on the
basis of a completed application on forms supplied
by the Department.

(b) The applicant mu s t meet the requirements of
G.S. I ISC 576 and must include with it s applica
tion .

{i-) copies of in s pection reports or letters

from proper official s to s how that the
building is safe and sanitary and meets
ati — governmental — regulations — such — as
fire, building and sanitation codes; and

(5) a certified check or money order in an

amount determined annually by the SBE
and payable to the State Trea s urer.

(c) A school may r e new its license by submitting
a renewal application, on form s supplied by the
Department, by June I of each year. — The fee for
a renewal license i s determined annually by the

ODCrr

fd) — The school mu s t de s ignate a director or
admini s trator, who is directly responsible for the
operations of the s chool. — The director or adminis
trator mu s t meet the following qualifications:

fH be a graduate of an approved college or

university; and

Hj have teaching experience — in one or

more of the major s ubjects taught in the
school.

Sruntion Aufhoriry- G.S. I15C-570(c).

.0102 BUSESfESS SCHOOL
REQUTREMENTS

(a) Business schools may av.'ard the associate in

applied — science — degree. The — credit — hours or

clock hour equivalents — for this degree — are as

follows:

Advanced s ecretarial

Airline secretarial

-S4
-S4

Curriculum Area -
Accounting

Hours Required

Automated

accounting —
Business administration

data

ectronic aata processing
Executive secretarial

Fashi '

jrchandi

lion mercnandi s ing

General business

J-

unior accounting —

Legal secretarial

Medical secretarial

Profe s sional accounting
Professional secretarial

Secretarial

Stenographic

Transportation management

4^
-^4
-90
-^4

-9G
-9G

Am
Am,

-^^

ihj — The Department will consider approving
other courses at the written request of school s .
The — Superintendent — of Public — Instruction — fftay
award interim approval upon receipt of a certified
statement of the school's intent to furnish qualified
instructional personnel and nece s sary instructional
equipment when it begins initial instruction and/or
it furnishes "hands on" training. — The applicant
must have been duly licen s ed and in continuous
operation for at lea s t five years. — The applicant
must certify' that it will return all funds paid by
prospective enrollees if the course is not offered
upon the advertised beginning date.

Statutory Authority G.S. 115C-570(c).

SECTION .0300 - PERFORMANCE-BASED
ACCOUNTABILITY PROGRAM

.0301 LOCAL SCHOOL IMPROVEMENT
PLANS

(a) Student performance goals must be stated in
three to five year goals, including annual mile-
stones to measure progress toward those goals.
TTie purpose of these goals is to increase student
performance.

(b) Satisfactory progress toward meeting student
performance goals is defined as achievement of 75
percent of the annual milestones listed in the
approved local school improvement plan.

(c) LEAs that currently meet all or most of the
performance standards of the state accreditation
plan must set additional locally determined student
performance goals. In setting these goals, the
LEA must:

(1) establish local student performance
goals for any remaining state accredita-
tion performance standards that it does

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1667

PROPOSED RULES

not currently meet;

(2) establish some local student perfor-
mance goals that are higher than the
performance standards in state accredi-
tation; and

(3) establish, for school years after the
LEA"s first year of participation, stu-
dent performance goals in additional
curricula areas and/or in additional
grade levels not addressed in state
accreditation.

(d) LEAs that currently meet all or most of the
performance standards of the state accreditation
plan may also:

(1) develop student performance goals in
additional curricula areas not currently
addressed in state accreditation; and

(2) add additional indicators such as Cali-
fornia Achievement Test scores at
grades 4. 5 and 7.

(e) The indicators that are included in the state
accreditation performance standards, along with
Scholastic Aptitude Test scores, are required for
measuring and assessing student performance.
Additional end of course and end of grade tests
will be added to these indicators as they are
developed.

(f) LEAs may, but are not required to include as
indicators for measuring and assessing student
performance and satisfactory performance factors
such as:

(1) post-secondary plans;

(2) enrollment in Algebra 1; and

(3) college enrollees who require
remediation.

(g) LEAs that develop an evaluation instrument
or approach other than the teacher performance
appraisal instrument must describe that instrument
or approach in the local school improvement plan.

tendent, shall determine which certified staff
members contributed to the attainment of those
goals. The LEA will then distribute differentiated
pay bonuses to those employees. A school-based
committee that participates in the review of bonus
distribution serves only in an advisory role to the
principal, who bears the final responsibility for
evaluating the performance of certified staff and
deciding whom to recommend to the superinten-
dent for bonus distribution.

(c) fd) A school-based differentiated pay plan
must include, at a minimum, all full-time certified
staff in the participating schools.

Statutory Aurhority G.S. 115C-238.1.

Statutory Authority G.S. ] 15C'238. 1.

.0302 DIFFERENTIATED PAY

(a) No LEA may adopt a differentiated pay plan
that includes an across-the-board salary supplement
for all certified employees.

fb) — The LEA may adopt a differentiated pay
plan that includes some, but not all, s chools within
the LEA. only if the plan is approved by a majori -
ty of all eortit'ied in s tructional and inL i truetional
support iitaff and of all certified administrators.

(b) fe) After an LEA that uses the school-based
performance model for differentiated pay attains
local school goals, the local board of education,
upon recommendation of the principal and superin-

1668

7:16

NORTH CAROLINA REGISTER

November 16, 1992

PROPOSED RULES

TITLE 19A - DEPARTMENT OF
TRANSPORTATION

SECTION .0300 - PLANNING AND
RESEARCH

J\otice is hereby given in accordance with G.S.
150B-21.2 that the North Carolina Department of
Transportation intends to amend rules cited as 19A
NCAC 2B .0309, .0312.

1 he proposed effective date of this action is
March 1, 1993.

Instructions on How to Demand a Public Hearing
(must he requested in writing within 15 days of
notice): A demand for a public hearing must be
made in writing and nuiiled to N. C. Department of
Transportation, P.O. Box 25201. Raleigh, NC
27611, Attn: Emily Lee. Tlw demand must be
received within 15 days of this Notice.

Kcasons for Proposed Actions:

19A NCAC2B .0309 - Directs inquiries regarding
planning fttnds to Manager of Statewide Planning
rather than Planning & Research.

19A NCAC 2B .0312 - Change reflects funding
changes for Federal-aid matching funds pursuant
to ISTEA formula. Federal funds have decreased
from 85% to 80%, local funds required have
increased from 15%o to 20%c.

(comment Procedures: Any interested person may
submit written conunents on the proposed rules by
mailing the conmients to: N. C. Department of
Transportation, P.O. Box 25201. Raleigh, NC
27611 , Attn: Emily Lee within 30 days after the
proposed rule is published or until the date of any
public hearing held on the proposed rule, whichev-
er is longer.

riscal Note: Tliese Rules affect the expenditures
or revenues of local funds. A fiscal not was
submitted to the Fiscal Research Division of
October 21, 1992, OSBM on October 21. 1992,
N. C. League of Municipalities on October 21,
1992, and N.C. Association of County Commis-
sioners on October 21, 1992.

CHAPTER 2 - DIVISION OF HIGHWAYS

SL1BCHAPTER 2B - HIGHWAY PLANNING

.0309 SOURCE AND PURPOSE - PL FUNDS

The North Carolina Department of Transporta-
tion is responsible for administering the Metropoli-
tan Planning Funds established by the 1973
Federal- Aid Highway Act. These funds are for the
purpose of carrying out the provisions of 23
U.S.C. 134, relating to transportation planning in
urban areas. Funds are apportioned to the state in
the ratio which the population in urbanized areas
bears to the total population in such urbanized
areas in all the states as shown by the latest avail-
able census. Inquiries about these funds should be
directed to Manager of Planning and Re s earch.
Statewide Planning. North Carolina Division of
Highways, Raleigh. 27611.

Authority 23 U.S.C 104(f): 23 U.S.C. 134: G.S.
136-18(12): 143B-350(f).(g).

.0312 MATCHING - PL FUNDS

The federal share payable on account of work
performed using PL funds shall be 85 80 percent.
The remaining -l-§ 20 percent is local money
provided by the urbanized area and may be in the
form of "like work."

Authority 23 U.S.C. 104(f): 23 U.S.C. 134; G.S.
136-18(12); ]43B-350(f),(g).

TITLE 21 - OCCUPATIONAL
LICENSING BOARD

IS otice is hereby given in accordance with G.S.
1508-21. 2 that the N. C State Board of Cosmetic
Art Examiners intends to adopt rule cited as 21
NCAC 14H .0019.

1 he proposed effective date of this action is
February' 1, 1993.

1 he public hearing will he conducted at 1:00
p.m. on December 14. 1992 at the Grove Towers,
5th Floor. 1110 Navaho Dr.. Raleigh, N.C.
27609.

ixeason for Proposed Action: To keep records
up-to-date.

(comment Procedures: Tlie record shall be open

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1669

PROPOSED RULES

for 30 days to receive written comments. Written
comments should be received by the N. C. State
Board of Cosmetic Art Examiners by December 10,
1992. to be considered as part of the hearing
record. Comtnents should be addressed to Vicky
R. Goudie, Executive Secretary. N. C. State Board
of Cosmetic Art Examiners, 1110 Navaho Dr.,
Raleigh. N.C 27609. Requests to speak must be
in writing and received by December 8, 1992 prior
to hearing. Speaking time 10 minutes.

CHAPTER 14 - BOARD OF COSMETIC
ART EXL\.\nXERS

SL'BCILAPTER 14H - SANITATION

.0019 NOTICE TO BO-\RD

(a) Each cosmetologist, apprentice cosmetolo-
gist, manicurist. cosmetolog\ teacher, and mani-
curist teacher shall notif\' the Board within 10 days
ot" each change in the licensee's residence or place
of business. Notice shall be gi\en in one of the
following ways:

(I) by depositing written notice in the
United States mail with the correct
address and postage:
by personalis' deli\'ering written notice
to the Board's offices:
by telephone or fax transmission (fol-
lowed by written notice that must be
actualh' recei\ed in the Board's office
within 30 days of the change),
("b) Each beautN' establishment shall notif\' the
Board within 10 davs of the das' an\' person H;
censed by the Board either begins work or ceases
work in that beaut\' establishment. Notice may be
given in an\' of the ways listed in Paragraph (a) of
this Rule.

{2)

(3)

Statuton,- Auth(>rit\ G.S. 88-23:

1670

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NORTH CAROLINA REGISTER

November 16, 1992

LIST OF RULES CODIFIED

1 he List of Rules Codified is a listing of rules that were filed with OAH in the month indicated.

Key:

Citation

- Title, Chapter, Subchapter and Rule(s)

= Adopt

= Amend

= Repeal

With Chgs

= Final text differs from proposed text

Eff. Dare

= Date rule becomes effective

Temp. Expires

= Rule was filed as a temporary^ rule and expires on this date or 180 days

NORTH CAROLINA ADMINISTRATIVE CODE

JUNE, JULY, AUGUST, SEPTEMBER 1992

[TLE

DEPARTMENT

TITLE

Administration

Agriculture

Economic and Community
Development

Correction

Human Resources

Insurance

Justice

Labor

15A

Environment, Health,
and Natural Resources

Education

Revenue

Secretary of State

19A

Transportation

DEPARTMENT

Occupational Licensing Boards
8 - CPA Examiners
12 - General Contractors
14 - Cosmetic Art Examiners
17 - Dietetics/Nutrition
19 - Electrolysis
34 - Mortuary Science
36 - Nursing
46 - Pharmacy
64 - Speech and Language Pathologists

and Audiologists
Independent Agencies
1 - Housing Finance
Personnel
Administrative Hearings

Citation

With
Chgs

Eff.
Date

Temp.
Expires

1 NCAC 4G .0223

08/01/92

38 .0101 - .0105

10/01/92

.0201 - .0204

10/01/92

.0206 - .0207

10/01/92

.0301 - .0308

10/01/92

.0401 - .0411

10/01/92

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NORTH CAROLINA REGISTER

November 16, 1992

1671

LIST OF RULES CODIFIED

Citation

With
Chgs

Eff.
Date

Temp.
Expires

.0501 - .0502

■

10/01/92

1 NCAC 38 .0601 - .0603

■

10/01/92

2 NCAC 34 .0101

08/03/92

.0102

■

08/03/92

.0302

■

08/03/92

.0313

■

08/03/92

.0318

■

08/03/92

.0329

■

08/03/92

.0407 - .0408

■

08/03/92

.0601

08/03/92

.0602

■

08/03/92

.0604 - .0605

■

08/03/92

.1001

08/03/92

.1201

08/03/92

.1206

08/03/92

42 .0102

■

09/01/92

.0201

■

09/01/92

.0801

■

09/01/92

.0802 - .0803

09/01/92

.0804

■

09/01/92

.0805 - .0806

09/01/92

4 NCAC IK .0101 - .0105

07/20/92

180 DAYS

.0201 - .0206

07/20/92

180 DAYS

.0301 - .0302

07/20/92

180 DAYS

.0401 - .0403

07/20/92

180 DAYS

2R .0702

■

07/06/92

.1205

■

07/01/92

2S .0503

■

07/06/92

19L .1401 - .1405

■

07/20/92

180 DAYS

19S .0102

■

07/17/92

180 DAYS

.0105

■

07/17/92

180 DAYS

.0601 - .0603

■

07/17/92

180 DAYS

5 NCAC 2D .0307

■

10/01/92

1672

7:16

NORTH CAROLINA REGISTER

November 16, 1992

LIST OF RULES CODIFIED

Citation

With
Chgs

Eff.
Date

Temp.
Expires

.0309

■

10/01/92

5 NCAC 2F .1504 -.1506

■

08/03/92

10 NCAC 3B .0801 - .0802

■

08/03/92

.0803 - .0804

■

08/03/92

.0805

■

08/03/92

.0806

■

08/03/92

3H .0108

■

08/03/92

.0221

■

08/03/92

.0315

■

08/03/92

.0705

■

08/03/92

.0709

■

08/03/92

3R .3001

■

05/31/92

180 DAYS

.3010

■

05/31/92

180 DAYS

.3020

■

05/31/92

180 DAYS

.3020

■

07/23/92

180 DAYS

.3030

■

05/31/92

180 DAYS

.3030

■

07/23/92

180 DAYS

.3040

■

05/31/92

180 DAYS

14C .1007

■

10/01/92

.1009

■

10/01/92

.1010

■

10/01/92

.1014

10/01/92

14K .0103

■

08/03/92

.0210

08/03/92

.0315

08/03/92

14M .0410

08/03/92

.0704

07/01/92

22Q .0101 - .0102

■

08/03/92

.0103

■

08/03/92

.0202

■

08/03/92

22R .0101

■

08/03/92

.0201 - .0203

■

08/03/92

.0301

■

09/01/92

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NORTH CAROLINA REGISTER

November 16, 1992

1673

LIST OF RULES CODIFIED

Citation

With
Chgs

Eff.
Date

Temp.
Expires

.0302

■

08/03/92

10 NCAC 25 .0102

■

08/03/92

26B .0122

■

10/01/92

.0201

■

10/01/92

.0206 - .0207

■

10/01/92

26D .0008

■

10/01/92

.0016

■

09/15/92

180 DAYS

26H .0102

■

07/01/92

12/31/92

.0303

■

07/01/92

12/31/92

.0601 - .0602

■

10/01/92

.0605

■

10/01/92

26M .0101 - .0102

■

08/03/92

.0103 - .0105

■

08/03/92

.0201

■

08/03/92

.0202

■

08/03/92

.0203

■

08/03/92

42C .2303

■

08/03/92

46D .0301

■

07/01/92

.0302 - .0303

■

07/01/92

.0304 - .0306

■

07/01/92

50A .0305

■

09/01/92

SOB .0402

■

09/01/92

11 NCAC 1 .0103

■

07/01/92

.0106

■

08/03/92

.0201

■

07/01/92

.0203

■

07/01/92

.0204

■

07/01/92

.0209

■

07/01/92

.0301

■

07/01/92

.0401

■

07/01/92

.0402

■

08/03/92

.0403

■

07/01/92

.0405

■

07/01/92

1674

7:16

NORTH CAROLINA REGISTER

November 16, 1992

LIST OF RULES CODIFIED

Citation

With
Chgs

Eff.
Date

Temp.
Expires

.0407 - .0411

■

07/01/92

11 NCAC 1 .0413 - .0414

■

07/01/92

.0415 - .0425

■

07/01/92

.0426

■

08/03/92

.0427 - .0430

■

07/01/92

.0603

07/01/92

5 A .0501 - .0504

07/01/92

.0505

■

07/01/92

.0507

07/01/92

.0508

■

08/03/92

.0510

07/01/92

8 .0602

■

10/01/92

.0911

■

07/01/92

10 .0601

■

07/01/92

.0602 - .0603

■

08/03/92

.1601

■

07/01/92

12 .0820

■

08/03/92

.0821 - .0822

08/03/92

.0824

08/03/92

.0830

■

08/03/92

17 .0001 - .0006

07/01/92

18 .0001

07/01/92

.0002

■

08/03/92

.0003

07/01/92

.0004

■

08/03/92

.0005 - .0015

07/01/92

.0016

■

08/03/92

.0017 - .0018

07/01/92

12 NCAC 4F .0601

■

10/01/92

.0602

■

10/01/92

.0603

10/01/92

.0604

■

10/01/92

1 1 .0202

■

08/03/92

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1675

LIST OF RULES CODIFIED

Citation

With
Chgs

Eff.
Date

Temp.
Expires

13 NCAC IC .0101

06/22/92

13 NCAC 7C .0101

08/26/92

.0101

09/04/92

.0102

08/26/92

I5A NCAC IJ .0102

07/01/92

.0204

07/24/92

.0301

07/01/92

.0302

07/24/92

.0304

07/01/92

.0401

07/01/92

.0701

07/24/92

.0702 - .0703

07/01/92

.0803

■

07/01/92

.0902 - .0904

07/01/92

.0905

■

07/01/92

.1002

07/01/92

2B .0302 -.03 11

■

08/03/92

.0313

■

08/03/92

.0315 - .0317

■

08/03/92

2D .0524 - .0525

■

07/01/92

.0538

■

09/01/92

.1002

07/01/92

.1104

■

09/01/92

.1301 - .1304

■

09/01/92

.1305

■

09/01/92

2G .0601 - .0602

■

09/01/92

2H .0101

08/03/92

.0103

■

08/03/92

.0126

■

08/03/92

.0138

08/03/92

.0610

■

09/01/92

. 1 203

08/03/92

. 1 205

08/03/92

1676

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NORTH CAROLINA REGISTER

November 16, 1992

LIST OF RULES CODIFIED

Citation

With
Chgs

Eff.
Date

Temp.
Expires

.1206

■

08/03/92

15A NCAC 2L .0106

■

09/01/92

.0202

■

09/01/92

2M .0102

07/01/92

.0303

■

07/01/92

.0602 - .0604

07/01/92

.0701 - .0702

07/01/92

2N .0707

■

09/01/92

20 .0101 - .0103

■

07/01/92

.0201 - .0204

■

07/01/92

.0301

■

07/01/92

.0302

■

08/03/92

.0303 - .0307

■

07/01/92

.0308

■

07/01/92

.0309 - .0310

■

07/01/92

.0401

■

07/01/92

.0402

■

07/01/92

.0501 - .0502

■

07/01/92

.0503

■

07/01/92

.0504

■

07/01/92

31 .0011

■

10/01/92

.0013

■

10/01/92

3J .0301

■

10/01/92

3K .0206

■

10/01/92

3M .0501

■

10/01/92

.0509

■

10/01/92

30 .0204 - .0205

■

10/01/92

.0208

■

10/01/92

.0211

■

10/01/92

3R .0008

■

10/01/92

6E .0007

■

07/01/92

7H .0208 - .0209

■

08/03/92

.0302

■

10/01/92

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1677

LIST OF RULES CODIFIED

Citation

With
Chgs

Eff.
Date

Temp.
Expires

.0303

■

10/01/92

\i\ NCAC 7H .0306

■

06/19/92

.0306

10/01/92

.0308

08/03/92

.0601

10/01/92

.0602

■

10/01/92

.0603

10/01/92

.0605

10/01/92

7M .1101

■

10/01/92

.1102

■

10/01/92

lOB .0203

07/01/92

.0209

07/01/92

.0305

07/01/92

IOC .0205

■

10/01/92

.0305

10/01/92

lOD .0003

07/01/92

lOE .0004

■

09/01/92

lOF .0307

10/01/92

.0318

10/01/92

.0355

10/01/92

1 1 .0352

■

10/01/92

13A .0001

10/01/92

.0009

■

10/01/92

.0010

10/01/92

13B .1204

■

10/01/92

16A .0109

07/06/92

01/02/93

.0109

■

10/01/92

.0401

09/18/92

ISO DAYS

.0402 - .0412

■

09/18/92

180 DAYS

.0413 - .0427

■

09/18/92

180 DAYS

ISA .0101 - .0132

■

10/01/92

.0135

■

10/01/92

.0136 - .0138

■

10/01,/92

1678

7:16

NORTH CAROLINA REGISTER

November 16, 1992

LIST OF RULES CODIFIED

Citation

With
Chgs

Eff.
Date

Temp.
Expires

.0139 - .0182

■

10/01/92

15A NCAC 18A .1016

■

10/01/92

.2509

■

07/01/92

.2513

07/01/92

.2518

■

07/01/92

.2520

■

07/01/92

.2522

07/01/92

.2523 - .2524

■

07/01/92

.2526

07/01/92

.2528

07/01/92

.2530

■

07/01/92

.2532

07/01/92

.2535

■

07/01/92

.2537

■

07/01/92

.2538

■

05/01/93

.2607

07/01/92

.2610

■

07/0192

.2624

07/01/92

.2710

07/01/92

.2822

■

07/23/92

.2824 - .2825

07/23/92

.2832

■

07/23/92

.3101

■

07/01/92

18C .0403

■

07/01/92

.1507

■

10/01/92

.1607

10/01/92

.1614

10/01/92

18D .0105

08/03/92

.0201

■

08/03/92

.0203

■

08/03/92

.0205

■

08/03/92

.0301

08/03/92

.0304

08/03/92

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1679

LIST OF RULES CODIFIED

Citation

.\D

With
Chgs

Eff.
Date

Temp.
Expires

.0307

■

08/03/92

15A NCAC 18D .0403

■

08/03/92

19.A .0201

■

10 01 92

.0202

■

10/01/92

.0206 - .0207

■

10/01/92

.0502

■

08/26/92

^)^'■)^

■

08 26 92

15.A NCAC 19A .0701
transferred and recodified to
15A NCAC 16A .1001

08/10 '92

19H .0401

07/01/92

.0402

09/01/92

.0403

07/01/92

.0601

■

0701 92

.0903

07 '01 92

21A .0819

07'01/92

21 B .0303

07/01/92

21C .0201 - .0207

■

10/01 '92

24 A .0402

07/06/92

01 '02 93

.0402

10/01 '92

.0403

07 06 92

01 02 93

0403

10 01 92

24C .0001

■

07 01 92

25 .0213

10/0192

16 NCAC 6B .0004

■

07/01/92

6C .0402

07/01/92

r NCAC 5C .2501 - .2504

■

10 '01 '92

68 .0107

10 01 92

-iM 15 - .01 r

1001 92

.1J612

■

09/01/92

.3406

10/01./92

9G .0107

09/01/92

9H .0105

09 '01 '92

.0208

08/03 92

(

1680

7:16

NORTH CAROLINA REGISTER

November 16. 1992

LIST OF RULES CODIFIED

Citation

With
Chgs

Eff.
Date

Temp.
Expires

.0305

■

08/03/92

IS NCAC 8 .1101

■

08/03/92

.1102

08/03/92

.1103

■

08/03/92

.1104

08/03/92

19A NCAC 3B .0801

07/01/92

3D .0515

07/01/92

.0801

07/01/92

.0801

■

08/03/92

21 NCAC 8A .0301

09/01/92

SG .0101

09/01/92

.0102

10/01/92

8H .0001

09/01/92

12 .0408

■

09/01/92

.0503

09/01/92

14L .0105

08/03/92

17 .0012

■

08/03/92

.0014

■

07/01/92

.0016

07/16/92

180 DAYS

19 .0301 - .0302

08/03/92

.0303

■

08/03/92

21 NCAC 34C .0201
transferred and recodified to
21 NCAC 34C .0202

07/07/92

21 NCAC 34C .0202
transferred and recodified to
21 NCAC 34C .0201

07/07/92

36 .0203

08/03/92

.0211

08/03/92

.0218

08/03/92

.0219

■

08/03/92

.0223

■

10/01/92

.0325

■

10/01/92

46 .1806

■

07/01/92

7:76

NORTH CAROLINA REGISTER

November 16, 1992

1681

LIST OF RULES CODIFIED

Citation

With
Chgs

Eff.
Date

Temp.
Expires

64 .0208

■

10,/01/92

24 NCAC IN .0201

■

07/01/92

24 NCAC IN .0202

■

08/03/92

.0203 - .0204

■

07/01/92

25 NCAC lA .0006

■

08/03/92

IC .0501 - .0504

■

10'01/92

IE .0804

■

10/01/92

.0806 - .0807

■

10/01/92

.0810 - .0811

■

10/01 92

.0812

■

10/01/92

.0813

■

10/01/92

.0815

■

10/01/92

.0817 - .0819

■

10/01/92

.0820

■

10/01/92

.1301 - .1306

■

09/01/92

.1307

■

08/03/92

IH .0602

■

08/03/92

.0603

■

08/03/92

.0616 - .0617

■

08/03/92

.0621

■

08/03/92

11 .0102

08/03/92

.0201 - .0206

08/03/92

.0302 - .0316

08/03/92

.0401 - .0402

08/03/92

.0501 - .0511

08/03/92

.0601 - .0606

08/03/92

.0701 - .0708

08/03/92

.1001 - .1002

08/03/92

.1005

08/03/92

.1007

08/03/92

.1009 - .1013

08/03/92

.1103

08/03/92

25 NCAC 11 .1201 - .1204

08/03/92

1682

7:16

NORTH CAROLINA REGISTER

November 16, 1992

LIST OF RULES CODIFIED

Citation

With
Chgs

Eff.
Date

Temp.
Expires

.1206 - .1210

08/03/92

.1315

08/03/92

.1402 - .1403

08/03/92

.140? - .1413

08/03/92

.1,501 - .1508

08/03/92

.1601 - .1603

08/03/92

.1701

08/03/92

.1702

■

09/01/92

.1703 - .1704

08/03/92

.1801 - .1806

08/03/92

.1901

08/03/92

.1402

■

08/03/92

. 1 903

■

09/01/92

.1904 - .1905

08/03/92

.2001 - .2005

08/03/92

.2101 - .2107

08/03/92

.2201

08/03/92

.2301

08/03/92

.2302

■

08/03/92

.2303 - .2308

08/03/92

.2401 - .2406

■

09/01/92

.2407 - .2410

■

10/01/92

IJ .1005

08/03/92

26 NCAC 2A .0211

■

07/01/92

2B .0103

■

07/01/92

3 .0001

■

07/01/92

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1683

RRC OBJECTIONS

1 he Rules Review Cointnission (RRC) objected to the following rules in accordance with G.S.
I43B-30.2(c). State agencies are required to respond to RRC as provided in G.S. 143B-30.2(d).

ADMINISTRATION

Motor Fleet Management Division

/ NCAC 38 .0205 - Accident Reporting
Agenc}' Revised Rule

AGRICULTURE

Structural Pest Control Division

2 NCAC 34 .0406 - Spill Control

Agency Responded

Agency Revised Rule
2 NCAC 34 .0603 - Waivers

Agency Responded

Agency Revised Rule
2 NCAC 34 .0902 - Financial Responsibility

Agency Responded

Agency Revised Rule

ECONOMIC AND COMMUNITY' DEVELOPMENT

Communitv Assistance

RRC Objection
Obj. Removed

RRC Objection
No Action
Obj. Removed
RRC Objection
No Action
Obj. Removed
RRC Objection
No Action
Obj. Removed

09/17/92
10/15/92

07/16/92
08/20/92
10/15/92
07/16/92
08/20/92
10/15/92
07/16/92
08/20/92
10/15/92

4 NCAC 19S .0101 - Overview and Purpose

4 NCAC 19S .0102 - Definition
Waiver

Prohibited Costs
Distribution cf Funds
Grant Agreement

4 NCAC 19S .0103
4 NCAC 19S .0202
4 NCAC 19S .0401
4 NCAC 19S .1101

Agency Revised Rule
ENVIRONMENT. HEALTH. AND NATURAL RESOURCES

RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
Obj. Renwved

10/15/92
10/15/92
10/15/92
10/15/92
10/15/92
10/15/92
10/15/92

Departmental Rules

15A NCAC IJ .0204 - Loans from Emergency Revolving Loan Accounts

15A NCAC U .0302 - General Provisions

15A NCAC U .0701 - Public Necessity-: Health: Safety and Welfare

Environmental Management

15A NCAC2H .0801 - Purpose

Agency Revised Rule
15A NCAC 2H .0803 - Definitions

Agency Revised Rule
15A NCAC 2H .0805 - Certification and Renewal of Certification

RRC Objection 06/18/92
RRC Objection 06/18/92
RRC Objection 06/18/92

RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection

10/15/92
10/15/92
10/15/92
10/15/92
10/15/92

1684

7:16

NORTH CAROLINA REGISTER

November 16, 1992

RRC OBJECTIONS

Agency Revised Rule
15A NCAC2L .0107 - Compliance Boundary

Agency Revised Rule
ISA NCAC 20 .0302 - Self Insurance

Wildlife Resources and Water Safety

15A NCAC 101 .0001 - Definitions
HUMAN RESOURCES

RRC Objection 10/15/92

Ohj. Removed 10/15/92

RRC Objection 06/18/92

RRC Objection 10/15/92

Facility Services

10 NCAC 3R . 3001 - Certificate of Need Review Categories RRC Objection 10/15/92

Agency Revised Rule Obj. Removed 10/15/92

Individual and Family Support

10 NCAC 42C .3601 - Administrative Penalty Determination Process RRC Objection 10/15/92

Agency Revised Rule Obj. Removed 10/15/92

10 NCAC 42T .0001 - Definitions RRC Objection 10/15/92

10 NCAC 42T . 0006 - Service Delivery RRC Objection 10/15/92

Agency Revised Rule RRC Objection 10/15/92

Mental Health: General

10 NCA C 14C .1115 - Funding Group Homes for Mentally Retarded Adults RRC Objection 08/20/92

Agency Revised Rule Obj. Removed 10/15/92

10 NCAC 14K .0216 - Waiver of Licensure Rules RRC Objection 10/15/92

Agency Revised Rule Obj. Removed 10/15/92

10 NCA C 14T . 0101 - Scope RRC Objection 10/15/92

Agency Revised Rule Obj. Removed 10/15/92

10 NCAC 14T .0103 - Advance Care Directives RRC Objection 10/15/92

Agency Revised Rule Obj. Removed 10/15/92

Mental Health: Other Programs

10 NCAC 18D .0117 - Purpose and Scope RRC Objection 10/15/92

Agency Revised Rule Obj. Removed 10/15/92

INDEPENDENT AGENCIES

N.C. Housing Finance Agency

24 NCAC IM

.0202

24 NCAC IM

.0204

24 NCAC IM

.0205

24 NCAC IM

.0206

24 NCAC IM

.0301

24 NCAC IM

.0302

24 NCAC IM

.0303

24 NCAC IM

.0306

24 NCAC IM

.0401

24 NCAC IM

.0402

24 NCAC IM

.0403

Eligibility

Selci til >n Proi edures
Administration
Program Fees
Goal and Objectives
Eligibility Recjuirements
Tlireshold Review Criteria
Funding Commitment
Goals and Objectives
Eligibility Recjuirements
Tlireshold Review Criteria

RRC
RRC
RRC
RRC
RRC
RRC
RRC
RRC
RRC
RRC
RRC

Objection
Objection
Objection
Objection
Objection
Objection
Objection
Objection
Objecticm
Objection
Objection

10/15/92
10/15/92
10/15/92
10/15/92
10/15/92
10/15/92
10/15/92
10/15/92
10/15/92
10/15/92
10/15/92

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1685

RRC OBJECTIONS

24 NCAC JM .0404 - Ranking Criteria

24 NCAC IM .0405 - Agency Board Approval

24 NCAC lO .0101 - Purpose

24 NCAC lO .0102 - EUgihility

24 NCAC lO .0201 - Application Procedure.'^

24 NCAC lO .0202 - Selection Procedures-

24 NCAC lO .0203 - Administration

INSURANCE

Multiple Employer Welfare Arrangements

11 NCAC 18 .0019 - Description of Fornv;
Seniors' Health Insurance Information Program

11 NCAC 17 .0005 - SHI IP Inquiries to Insurers and Agents
JUSTICE

General Statutes Commission

12 NCAC 8 .0506 - Declaratory Rulings
LABOR

Occupational Safety and Health Act

13 NCAC 7C .0108 - Building Code

Rule Returned to Agency
Agency Filed Rule with OAH
13 NCAC 7C .0109 - Fire Prevention Code
Rule Returned to Agency
Agency Filed Rule with OAH

LICENSING BOARDS AND COMMISSIONS

Professional Engineers and Land Surveyors

21 NCAC 56 .0501 - Re</uirement for Licensing

Agency Revised Rule
21 NCAC 56 .0502 - Application Procedure: Individual

Agency Revised Rule
21 NCAC 56 .0701 - Rules of Professional Conduct

Agency Revised Rule
21 NCAC 56 .1603 - Classification of Surveys

Agency Revised Rule
21 NCAC 56 . 1604 - Mapping Requirements

Agency Revised Rule
21 NCAC 56 .1605 - Classification cf Topographic Surveys

,4genc\ Revised Rule

REVENXIE

Individual Income, Inheritance and Gift Tax Division

RRC
RRC
RRC
RRC
RRC
RRC
RRC

Objection
Objection
Objection
Objection
Objection
Objection
Objection

10/15/92
10/15/92
10/15/92
10/15/92
10/15/92
10/15/92
10/15/92

RRC Objection 06/18/92

RRC Objection 10/15/92

RRC Objet tion 09/1 7/92

10/15/92

Eff. 10/22/92

RR C Objection 09/1 7/92

10/15/92

Eff. 10/22/92

RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj Removed

10/15/92
10/15/92
10/15/92
10/15/92
10/15/92
10/15/92
10/15/92
10/15/92
10/15/92
10/15/92
10/15/92
10/15/92

1686

7:16

NORTH CAROLINA REGISTER

November 16, 1992

RRC OBJECTIONS

17 NCAC 3B .0401 - Penalties
1 7 NCA C 3B . 0402 - Interest

RRC Objection
RRC Objection

08/20/92
08/20/92

Individual Income Tax Division

17 NCAC 6B .0107 - Extensions

17 NCAC 68 .0115 - Additions to Federal TcLxahlc Income

17 NCAC 6B .0116 - Deductions from Federal Taxable Income

1 7 NCA C 6B .0117 - Transitional Adjustments

1 7 NCAC 6B . 3406 - Refunds

RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection

08/20/92
08/20/92
08/20/92
08/20/92
08/20/92

TRANSPORTATION

Division of Highways

19A NCAC 2B .0164 - Use of Right of Way Consultants

Agency Revised Rule
19A NCAC 2B .0165 - Asbestos Contracts with Private Firms

Agency Revised Rule

RR C Objection 09/1 7/92

Obj. Removed 10/15/92

RRC Objection 08/20/92

Obj. Removed 10/15/92

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1687

RULES INVALIDATED BY JUDICIAL DECISION

1 Ills Section of the Register lists the recent decisions issued by the North Carolina Supreme Court.
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which
invalidate a rule in the Worth Carolina Administrative Code.

1 NCAC 5A .0010 - ADMINISTRATIVE PROCEDURES

Thomas R. West. Administrati\e Law Judge with the Office of Administrative Hearings, declared tv.o portions
of Rule 1 NCAC 5A .0010 \'oid as applied in Stauffer Information Systems. Petitioner v. Tlie North Carolina
Department of Community Colleges and Tlte North Carolina Department of Administration , Respondent and
Tlie Universit}- cf Southern California. Intervenor-Respondent (92 DO A 0666).

15A NCAC 19A .0202(d) (10) - CONTROL MEASURES - fflV

Brenda B. Becton. Administrati\e Law Judge with the Office of Administrative Hearings, declared Rule 15A
NCAC 19A .0202(d)( 10) void as applied \n ACT-UP TRIANGLE (AIDS Coalition to Unleash Power Triangle),
Steven Harris, and John Doe. Petitioners v. Commission for Health Services of the State of North Carolina,
Ron Levine. as Assistant Secretary of Health and State Health Director for the Department of Environment.
Health, and Natural Resources of the State of North Carolina. William Cobey. as Secretary of the Department
of Environment. Health, and Natural Resources of the Slate of North (Carolina, Dr. Rebecca Meriwether, as
Chief. Communicable Disease Control Section of the North (Carolina Department of Environment, Health, and
Natural Resources. Wayne Bobhiit Jr. . as Chief of the HIV/STD Control Branch of the North Carolina
Department cf Environment, Health, and Natural Resources, Respondents (91 EHR 0818).

(

1688 7:16 NORTH CAROLINA REGISTER November 16, 1992

CONTESTED CASE DECISIONS

1 his Section contains the full text of some of the more significant Administrative Law Judge decisions
along with an index to all recent ccmtested cases decisions which are filed under North Carolina 's
Administrative Procedure Act. Copies cf the decisions listed in the index and not published are available
upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698.

KEY TO CASE CODES

ABC Alcoholic Beverage Control Commission DST

BDA Board of Dental Examiners EDC

BME Board of Medical Examiners EHR

BMS Board of Mortuary Science

BOG Board of Geologists ESC

BON Board of Nursing HAF

BOO Board of Opticians HRC

CFA Commission for Auctioneers IND

COM Department of Economic and Community INS

Development LBC

CPS Department of Crime Control and Public Safety MLK

CSE Child Support Enforcement NHA

DAG Department of Agriculture OAH

DCC Department of Community Colleges OSP

DCR Department of Cultural Resources PHC

DCS Distribution Child Support

DHR Department of Human Resources POD

DOA Department of Administration SOS

DOJ Department of Justice SPA

DOL Department of Labor

DSA Department of State Auditor WRC

Department of State Treasurer
Department of F\iblic Instruction
Department of Environment, Health, and
Natural Resources
Employment Security Commission
Hearing Aid Dealers and Fitters Board
Human Relations Committee
Independent Agencies
Department of Insurance
Licensing Board for Contractors
Milk Commission

Board of Nursing Home Administrators
Office of Administrative Hearings
Office of State Personnel
Board of Plumbing and Heating
Contractors

Board of Podiatry Examiners
Department of Secretary of State
Board of Examiners of Speech and Language
Pathologists and Audiologists
Wildlife Resources Commission

CASE NAME

CASE
NUMBER

ALJ

FILED
DATE

Anne R. Gwaltney, Milton H. Askew, Jr.
and Anna L. Askew

EHR and Pamlico County Health Department

89 DHR 0699

Reilly

07/17/92

Eleanor R. Edgerton-Taylor

Cumberland County Department of Social Services

89 OSP 1141

Morrison

08/18/92

Annette Carlton

Cleveland County Department of Social Services

90 OSP 0024

Chess

08/14/92

Janice Parker Haughton

Halifax County Mental Health, Mental Retardation.

Substance Abuse Program

90 OSP 0221

West

08/18/92

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1689

CONTESTED CASE DECISIONS

CASE NAME

CASE
NLTVIBER

ALJ

FILED
DATE

Carolina Water Service, Inc.

EHR, Division of En\'ironmental Management

90 EHR 0415

West

09/11/92

CSX Transportation. Inc.

\'.

Department of Environment. Health. & Natural Resources

90 EHR 0628

Reilly

07/17/92

Bruce Keeter
Beaufort County Health Department

90 EHR 0666

Morgan

07/28/92

R. Anthony White

Department of Human Resources

90 CSE 0756

Morgan

10/05/92

Christine Hill
Crime Victims Compensation Commission

90 CPS 0876

Morgan

08/24/92

Tommy D. Hunt

Department of Correction

90 OSP 1011

Morgan

10/05/92

Cherokee Resources. Inc.

y .

EHR. Di\ision of Environmental Management

90 EHR 1075

West

10/19/92

Leslie W. Hall

EHR. Division of Marine Fisheries

90 EHR 1 397

Gray

10/13/92

JHY Concord. Inc.
Department of Labor

90 DOL 1 42 1

Morgan

07/28/92

Lick Fork Hills. Inc., Marion Bagwell. President

Department of Environment. Health, & Natural Resources

91 EHR 0023

Morgan

07/28/92

Albert .1. Johnson

N.C. Victims Compensation Commission

91 CPS 0038

Morgan

07/28/92

Frank Beal, T/A Wild Wild West

Alcoholic Beverage Control Commission

91 ABC 0164

Morgan

09/10/92

William B. Holden

Department of Environment, Health, & Natural Resources

91 EHR 0176

Morgan

08/18/92

Brenda P. Price

North Carolina Central University

91 OSP 0219

Morrison

08/21/92

1690

7:16

NORTH CAROLINA REGISTER

November 16, 1992

CONTESTED CASE DECISIONS

CASE NAME

CASE
NUMBER

ALJ

FILED
DATE

Century Care of Laurinburg, Inc.

DHR. Di\ision of Facility Services. Licensure Section

91 DHR 0257

West

06/30/92

Kenneth E. Fletcher

University of North Carolina at Greensboro

91 OSP0315

Chess

09/15/92

Richard L. Gainey

Department of Justice

91 OSP0341

Becton

08/10/92

Wade Charles Brown. Jr.
N.C. Crime Victims Compensation Commission

91 CPS 034.5

Chess

07/08/92

Jackie Bruce Edwards

DHR. Western Carolina Center

91 OSP 0354

West

08/20/92

Central Transport. Inc.

Department of Environment. Health. & Natural Resources

91 EHR 0402

Morrison

09/25/92

Robert C. Hov^ell

Department of Correction

91 OSP 0407

Morgan

08/26/92

Harvey Fertilizer and Gas Company

EHR. Disision of Environmental Management

91 EHR 0446

Morgan

10/01/92

Charles E. Roe

Department of Environment. Health. & Natural Resources

91 OSP 0520

Nesnow

07/23/92

Jerr>' J. Parker

Department of Correction

91 OSP 0546

Morgan

08/26/92

Deborah Binkley

Crime Victims Compensation Commission

91 CPS 0561

Morgan

10/02/92

Air-A-Plane Corporation
Department of Environment. Health, & Natural Resources

91 EHR 0636

Nesnow

09/04/92

Lisa M. Reichstein

Office of Student Financial Aid, East Carolina University

91 OSP 0662

Nesnow

06/24/92

Hudson's "The Acres" Rest Home

DHR. Division of Facility Services, Licensure Section

91 DHR 0665

Chess

09/09/92

7.- 7 6

NORTH CAROLINA REGISTER

November 16, 1992

1691

CONTESTED CASE DECISIONS

CASE N.AME

CASE
NLTVIBER

ALJ

FILED
DATE

Bobby R. Graham

DHR, Caswell Center

91 OSP 0695

Nesnow

09/21/92

DHR, Di\ ision of Facility S\cs. Child Da)' Care Section

Mary Goodwin. Jean Dodd. D, B, A Capital City Day Care

Center

91 DHR 0720

Morgan

07/30/92

Kenneth Helms

\'.

Department of Human Resources

91 OSP 0729

Chess

07/15/92

Lloyd C. Neely

\'.

Department of Correction

91 OSP 0756

Morgan

09/10/92

Alcoholic Beverage Control Commission

\ .

Daniels Investments. Inc.. t'a Leather & Lace - East

4205 Monroe Road. Charlotte. N.C. 28205

91 ABC 0799

Mann

07/14/92

Zelma Babson

Brunswick County Health Department

91 OSP 0804

Gray

08/14/92

ACT-UP Triangle (AIDS Coalition to Unleash Power

Triangle. Steven Harris, and John Doe

\'.

Commission for Health Ser\'ices of the State of N.C Ron

Levine. as Assistant Secretar}' of Health and State Health

Director for EHR of the State of N.C. William Cobey. as

Secretan,' of EHR of the State of N.C, Dr. Rebecca

Meriwether, as Chief. Communicable Disease Control

Section of the N.C. EHR, Wayne Bobbitt, Jr.. as Chief of

the HIV'.STD Control Branch of the N.C. EHR

91 EHR 0818

Becton

07/08/92

Jane C. OWIalley. .Melvin L. Cartwright
\.
EHR and District Health Department Pasquotank-
Perquimans-Camden-Chowan

91 EHR 0838

Becton

07/02/92

Chen,l Veronica .McNeal

\ .

Criminal Justice Education & Training Stds Comm

91 DOJ 0861

.Morgan

09/22/92

Thomas E. Vass

\'.

James E. Long. Department of Insurance

91 INS 0876

Morrison

08/14/92

William Paul Fearrington

University of North Carolina at Chapel Hill

91 OSP 0905

ReiUy

08/28/92

1692

7:16

NORTH CAROLINA REGISTER

November 16, 1992

CONTESTED CASE DECISIONS

CASE NAME

CASE
NUMBER

ALJ

FILED
DATE

Olde Towne Partnership and Tryon Realty Co.

EHR, Division of Coastal Management

91 EHR 0909

Morrison

09/16/92

Gerald R. Pruitt

Department of Correction

91 OSP 0933

Gray

09/14/92

Jones Grading & Fencing, Inc.

EHR. Solid Waste Management

91 EHR 0956
91 EHR 0324

Nesnow

09/28/92

Grotgen Nursing Home, Inc., Britthaven, Inc.

Certificate of Need Section, Div of Facility Svcs, DHR

91 DHR 0964
91 DHR 0966

Nesnow

07/06/92

Ralph E. Brown

Carla O'Konek, Department of Correction

91 OSP 0970

Morgan

10/07/92

Anthony J. Carter

DHR. Division of Social Services, CSE

91 CSE 0975

Nesnow

09/17/92

Ramona S. Smith, R.N.

N.C. TeachersVSt Emps" Comp Major Medical Plan

91 DST 0984

Chess

06/18/92

Jarrett Dennis Swearengin

DHR, Division of Social Services, CSE

91 CSE 0986

Becton

09/14/92

Charles H. Yates. Power of Attorney for Ruth Yates

N.C. TeachersVSt Emps" Comp Major Medical Plan

91 INS 1008

Reilly

08/21/92

John McMillan

DHR. Division of Social Services, CSE

91 CSE 1009

Reilly

10/01/92

Walter McGlone

DHR, Division of Social Services. CSE

91 CSE 1030

Morrison

07/13/92

William Oscar Smith

DHR, Division of Social Services, CSE

91 CSE 1042

Gray

07/24/92

William Watson

DHR, Division of Social Services, CSE

91 CSE 1047

Becton

07/08/92

Robert D. Daniels Jr.

DHR, Division of Social Services, CSE

91 CSE 1048

Morrison

08/27/92

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1693

CONTESTED CASE DECISIONS

CASE NAME

CASE
NUMBER

ALJ

FILED
DATE

Joseph L. Wilmer

DHR. Division of Social Services, CSE

91 CSE 1049

Becton

10/20/92

Marie McNeill-Pridgen

Department of Environment. Health, & Natural Resources

91 EHR 1059

Nesnow

07/17/92

Catawba Memorial Hospital

DHR, Div of Facility Svcs, Certificate of Need Section

and
Fr}'e Regional Medical Ctr, Inc. and Amireit (Frye), Inc.

and

Thorns Rehabilitation Hospital Health Services Corp.

and

Frye Regional Medical Ctr, Inc. and Amireit (Frye). Inc.

DHR, Di\' of Facility Svcs, Certificate of Need Section

and

Thoms Rehabilitation Hospital Health Services Corp.

and

Catawba Memorial Hospital

91 DHR 1061
91 DHR 1087

Reilly

07/13/92

Edward R. Peele

Sheriffs" Education & Training Stds. Commission

91 DOJ 1092

Morrison

08/18/92

Willie Turner

DHR, Division of Social Services, CSE

91 CSE 1096

Morrison

10/23/92

Charles Lawion Roberts
DHR. Di\ision of Social Services. CSE

91 CSE 1097

Becton

09/14/92

William Torres

Dept of Justice, Lacy H. Thornburg, Attorney General

91 DOJ 1098

Morrison

08/07/92

Wade A. Burgess

DHR. Division of Social Services. CSE

91 CSE 1114

Gray

07/01/92

Devoux A. OUiver

Department of Human Resources. O'Berry Center

91 OSP 1151

Gray

09/30/92

Sammie L. Anderson

\-.

DHR. Division of Social Services. CSE

91 CSE 1155

Mann

09/01/92

Harry L. King

Department of Transportation

91 OSP 1162

Morgan

07/13/92

1694

7:16

NORTH CAROLINA REGISTER

November 16, 1992

CONTESTED CASE DECISIONS

CASE NAME

CASE
NUMBER

ALJ

FILED
DATE

Bobby M. Siler

DHR, Division of Social Services, CSE

91 CSE 1169

Morrison

10/12/92

Gilbert Lockhail

DHR, Division of Social Services, CSE

91 CSE 1178

Morrison

07/30/92

Isaac H. Galloway

DHR, Division of Social Services, CSE

91 CSE 1190

Reilly

06/30/92

Russell A. Barclift

DHR. Division of Social Services, CSE

91 CSE 1207

92 CSE 0275

Reilly

06/30/92

Barnabas D. Frederick

DHR, Division of Social Services. CSE

91 CSE 1216

Nesnow

09/15/92

Herman Edward Main 11

DHR, Division of Social Services, CSE

91 CSE 1225

Nesnow

07/07/92

Albert Louis Stoner III

DHR, Division of Social Services, CSE

91 CSE 1244

Gray

07/01/92

James E. Greene

DHR, Division of Social Services, CSE

91 CSE 1245

Nesnow

07/14/92

Joseph W. Harris

DHR. Division of Social Services. CSE

91 CSE 1247

Morgan

07/28/92

Celvis M. Burns

DHR. Division of Social Services, CSE

91 CSE 1256

Mann

09/01/92

Rodney Powell
DHR, Division of Social Services, CSE

91 CSE 1257

Morgan

07/29/92

Miles G. Griffin Jr.

DHR, Division of Social Services, CSE

91 CSE 1270

Gray

08/27/92

Gerald E. Anthony

DHR, Division of Social Services, CSE

91 CSE 1274

Mann

09/01/92

Floyd L. Rountree

DHR, Division of Social Services, CSE

91 CSE 1275

Morgan

07/22/92

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1695

CONTESTED CASE DECISIONS

CASE NAME

CASE
NUMBER

ALJ

FILED
DATE

Ruth Smith Hensley Shondales

ABC Commission

91 ABC 1280

Chess

08/05/92

William James Terry

Victims Compensation Commission

91 CPS 1302

Morrison

10/02/92

Rasoul Behboudi

DHR, Division of Social Services, CSE

91 CSE 1313

Morrison

09/15/92

John D. Gaines

DHR, Division of Social Services, CSE

91 CSE 1321

Chess

10/05/92

City-Wide Asphalt Paving, Inc.

Department of Environment, Health, & Natural Resources

91 EHR 1360

Chess

07/01/92

Alcoholic Beverage Control Commission

Tre Three, Inc., T/A Crackers,

Airport Rd., Rockingham, NC 28379

91 ABC 1372

Chess

07/07/92

Alcoholic Beverage Control Commission

Rode Enterprises, Inc., T/A Jordan Dam Mini Mart

91 ABC 1388

Gray

07/30/92

Carol J. Brown-L 238-96-9304 for
Joel A. Brown-M 350-70-9378

DHR. Division of Social Services, CSE

91 DHR 1397

Morrison

10/29/92

Blythe M. Bragg

University of North Carolina at Chapel Hill

91 OSP 1421

Nesnow

09/08/92

David W. Williams

DHR, Division of Social Services, CSE

91 CSE 1423

Morrison

09/10/92

Donald R. Allison

DHR, Caswell Center

91 OSP 1427

Reilly

06/30/92

Alfred Rees

Department of Environment, Health, & Natural Resources

92 EHR 0004

Reilly

09/03/92

Mrs. S.

Washington County Board of Education

92 EDC 0023

Mann

08/28/92

1696

7:16

NORTH CAROLINA REGISTER

November 16, 1992

CONTESTED CASE DECISIONS

CASE NAME

CASE
NUMBER

ALJ

FILED
DATE

Rudolph Tripp

Department of Correction

92 OSP 0024

Gray

08/27/92

Gonzalo Rodriquez T/A Gonzalo's Baile Mexicano
227 S. Scales Street, Reidsville, NC 27323

Alcoholic Beverage Control Commission

92 ABC 0026

Chess

10/01/92

Lavern Fesperman

Mecklenburg County

92 OSP 0030

Chess

07/17/92

Vale B. Sims

Winston-Salem State University

92 OSP 003 1

Gray

10/13/92

Paul J. Nonkes

Halifax County Health Dept. (Jeff Dillard. Sanitarian)

92 EHR 0058

Becton

08/28/92

Carrolton of Williamston. Inc.

DHR. Division of Facility Services. Licensure Section

92 DHR 0071

Becton

08/19/92

Mattie S. Bryant

Department of Transportation

92 OSP 0081

ReiUy

10/07/92

Fred Jennings Moody Jr.

Sheriffs' Education & Training Stds. Commission

92 DOJ 0084

Chess

07/17/92

Ronnie Lamont Donaldson

Sheriffs" Education & Training Standards Commission

92 DOJ 0092

ReiUy

07/27/92

Vernice V. Battle

Sheriffs" Education & Training Standards Commission

92 DOJ 0093

Becton

08/28/92

Hudson's "The Acres" Rest Home

DHR. Division of Facility Services. Licensure Section

92 DHR 0100

Chess

09/04/92

Marvin Helton, Jean Helton

DHR. Division of Facility Services

92 DHR 0102

Chess

08/14/92

Leo Scott Wilson

\'.

Department of Environment. Health. & Natural Resources

92 EHR 01 12

Reilly

08/26/92

Ray Charles Ramsey D/B/'A Triples Night Club

Alcoholic Beverage Control Commission

92 ABC 0116
92 ABC 0360

West

10/12/92

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1697

CONTESTED CASE DECISIONS

CASE NAME

CASE
NUMBER

ALJ

FILED
DATE

Peggy N. Barber

The liniversity of North Carolina at Chapei Hill

92 OSP0120

ReiUy

07/13/92

Luther Dawson Jr.

DHR. Division of Facility Services

92 DHR 0121

Nesnow

10/09/92

Rodney A. Cranfill
w
Dept of Labor. Division of Occupational Safety & Health

92 DOL 0122

Nesnow

10/22/92

Robert C. Thomas
Sheriffs" Education & Training Stds. Commission

92 DOJ 0130

Chess

10/02/92

Alcoholic Beverage Control Commission

John Wade Lewis, t/a Tasty Grill

92 ABC 0145

Nesnow

07/15/92

Licensing Board for General Contractors
Wright's Construction. Inc. (Lie. No. 23065)

92 LBC 0172

Gray

07/31/92

Richard L. Banks

Pasquotank-Perquimans-Camden-Chovvan District Health

Department (PPCC) & Department of Environment.

Health, & Natural Resources

92 EHR0175

West

08/25/92

America's Management Group. Inc. d/b/a America's

Health Care of Nashville

\'.

DHR. Division of Facility Services. Licensure Section

92 DHR 0183

West

10/06/92

Hudson's "The Acres" Rest Home

DHR. Division of Facility Services, Licensure Section

92 DHR 0186

Chess

09/04/92

Ray Bryant

v.
Department of Labor, OSHA

92 DOL 0187

Nesnow

08/07/92

Herbert Hines Jr., H & H

.Alcoholic Beverage Control Commission

92 ABC 0189

Becton

07/22/92

William Stevenson

Department of Correction

92 OSP 0201

Chess

09/03/92

Frances B. Billingsley

Bd. of Trustees/Teachers & St Employees Retirement Sys

92 DST 0205

Morgan

08/18/92

169S

7:16

NORTH CAROLINA REGISTER

November 16, 1992

CONTESTED CASE DECISIONS

CASE NAME

CASE
NUMBER

ALJ

FILED
DATE

Glenn E. Myers

Department of Correction

92 OSP 0217

Reilly

09/14/92

Lawrence Neal Murrill T/A Knox, 507 1st St SW,
Hickory. NC 28602

Alcoholic Beverage Control Commission

92 ABC 0220

Chess

08/03/92

William Oats

Elizabeth City State University

92 OSP 0226

Nesnow

10/09/92

Town of Denton

Department of Environment, Health, & Natural Resources

92 EHR 0241

Reilly

07/30/92

Alcoholic Beverage Control Commission

Byrum's of Park Road, Inc., T/A Byrum's Restaurant

92 ABC 0252

Gray

07/30/92

Alcoholic Beverage Control Commission

Leo's Delicatessen #2, Inc., T/A Leo's #2

92 ABC 0255

Gray

07/30/92

North Topsail Water & Sewer, Inc.

Department of Environment, Health, & Natural Resources

92 EHR 0266

Morrison

08/12/92

Raymond O. and Rita Halle, and the Town of Boone

EHR, Division of Land Resources

92 EHR 0267
92 EHR 0.^76

Gray

09/18/92

James L. Stubbs

Department of Correction

92 OSP 0282

Chess

10/02/92

Henry Thomas Tart

DHR, Division of Social Services, CSE

92 CSE 0283

Nesnow

09/15/92

Virginia Devenny

The University of North Carolina at Charlotte

92 OSP O.SOl

Reilly

09/22/92

Friends of Hatteras Island National Historic Maritime

Forest Land Trust for Preservation, Inc.

Coastal Resources Commission of the State of NC

and

Cape Hatteras Water Association, Inc.

92 EHR 0303

West

10/19/92

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1699

CONTESTED CASE DECISIONS

CASE NAME

CASE
NUMBER

ALJ

FILED
DATE

Henn, Lane, D/B/A Emerald Health Care Acute Care Ctr

v.
DHR, Div of Facility Services, Certificate of Need Section

and

Bowman-Richardson Health Care, Inc. D/B/A Wilkes

Senior Village

92 DHR 0308

Gray

08/28/92

Azmi Sider. Midtown Mini Mart

\'.

EHR. Division of Maternal and Child Health. WIC Section

92 EHR 0317

Nesnow

09/16/92

Gerald G. Strickland
Crime Control and Public Safety

92 CPS 0320

Chess

09/10/92

Charles Wesley McAdams

Division of Motor Vehicles

92 OSP 0332

Gray

10/13/92

Jonathan L. Fann

\'.

U.N.C. Physical Plant, Herb Paul, Louis Herndon. Dean

Justice, Bruce Jones

92 OSP 0363

Becton

08/19/92

Douglas A. Bordeaux

Department of Correction

92 OSP 0378

Chess

07/10/92

Clifton R. Johnson
O'Berry Center, Department of Human Resources

92 OSP 0381

West

07/08/92

Southeastern Machine & Tool Company, Inc.

Department of Ensironment. Health. & Natural Resources

92 EHR 0386

Becton

07/20/92

Lou\enia Clark
Edgecombe County Department of Social Services

92 OSP 0402

Reilly

08/21/92

Raleigh F. LaRoche

Child & Family Services of Wake County

92 OSP 0409

Becton

08/24/92

Matthew R. Anderson

DHR. Division of Social Services. CSE

92 CSE 0418

Gra\'

10/06/92

Ellwin C. Wetherington Jr.
DHR. Division of Social Services. CSE

92 CSE 0419

Morrison

09/28/92

Paul Ree\es. Youth L'ni\'ersity Child Care

Child Day Care Section. Di\ision of Facility S\cs

92 DHR 0424

West

08/21/92

1700

7:16

NORTH CAROLINA REGISTER

November 16, 1992

CONTESTED CASE DECISIONS

CASE NAME

CASE
NUMBER

ALJ

FILED
DATE

Mr. & Mrs. James C. Stanton

Charlotte-Mecklenburg School System

92 EDC 0430

Nesnow

08/04/92

James Cooper Lewis

Sheriffs' Education & Training Standards Commission

92 DOJ 0461

Reilly

09/15/92

Alcoholic Beverage Control Commission

Roy William League, T/A Jamie's

92 ABC 0474

Reilly

10/15/92

Alcoholic Beverage Control Commission

508 Investors, Inc., t/a Johnathon's Restaurant

92 ABC 0476

Nesnow

09/24/92

Jon David Amundson

Davidson County Mental Health

92 OSP 0503

Becton

09/10/92

Northview Mobile Home Park

Department of Environment, Health, & Natural Resources

92 EHR 0507

Reilly

07/ 1 3/92

Yolanda Lynn Bethea

DHR, Division of Social Services, CSE

92 DCS 05 1 3

Becton

08/14/92

Frank Humphrey

EHR, Division of Environmental Management

92 EHR 0514

Morrison

10/08/92

Alice Hunt Davis

Department of Human Resources

92 OSP 0526

West

07/ 1 6/92

Jimmy F. Bailey Sr.

Department of State Treasurer, Retirement Systems Div

92 DST 0536

Morgan

08/18/92

Alcoholic Beverage Control Commission

Partnership (Rollo Corrothers) t/a Corrothers Community
Center and Private Club

92 ABC 0539

Mann

10/19/92

James R. Coley Sr.

Department of Crime Control & Public Safety

92 CPS0551

Morgan

10/28/92

Bramar, Inc., t/a Spike's

Alcoholic Beverage Control Commission

92 ABC 0554

Mann

08/13/92

Grady Lockhart Jr.

DHR, Division of Social Services, CSE

92 CSE 0565

Becton

09/28/92

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1701

CONTESTED CASE DECISIONS

CASE NAME

CASE
NUMBER

ALJ

FILED
DATE

Ralph J. Ogburn

Private Protective Services Board

92 DOJ 0571

Nesnow

08/07/92

George M. Hagans

DHR. (Cherry Hospital)

92 OSP 0583

Morgan

09/21/92

Gilbert Todd Sr.

Public Water Supply Section

92 EHR 0586

Morrison

08/06/92

Candance Y. Johnson

Di\ision of Motor Vehicles

92 DOT 0589

Becton

08/24/92

John W. Surles

N.C. Crime Victims Compensation Commission

92 CPS 0595

Reilly

07/13/92

Michelle L'mstead

Crime Victims Compensation Commission

92 CPS 0599

Morrison

10/26/92

Alcoholic Beverage Control Commission

Richard Henry Bradley T/A Nite Lite

92 ABC 0613

Gray

10/30/92

Pamela Jean Gass

DHR, Division of Social Services, CSE

92 DCS 0623

Morrison

08/14/92

J.W. Reed

Department of Correction

92 OSP 0638

Morrison

08/11/92

Debra G. Conner
Caswell Center, Department of Human Resources

92 OSP 0647

Morgan

10/28/92

Carson Davis

Department of Correction

92 OSP 0650

Reilly

08/10/92

Kevin Stringer

DHR, Division of Social Services, CSE

92 CSE 0651

Gray

10/23/92

Luther Hall Clontz

Western Carolina Center (NC of Human Resources)

92 OSP 0652

Becton

09/10/92

Private Protective Services Board

Mark Andrew Perry

92 DOJ 0662

Becton

09/10/92

1702

7:16

NORTH CAROLINA REGISTER

November 16, 1992

CONTESTED CASE DECISIONS

CASE NAME

CASE
NUMBER

ALJ

FILED
DATE

Stauffer Information Systems

Department of Community Colleges and the N.C.

Department of Administration

and

The University of Southern California

92 DOA 0666

West

07/08/92

Dortheia B. Marley

Department of Correction

92 OSP 0667

West

09/28/92

Nancy J. Tice

Administrative Off of the Courts, Guardian Ad Litem Svcs

92 OSP 0674

Morrison

08/11/92

L. Stan Bailey

Chancellor Moran and UNC-Greensboro

92 OSP 0679

West

07/10/92

Arnold McCloud T/A Club Castle

Alcoholic Beverage Control Commission

92 ABC 0681

Morrison

07/25/92

Alcoholic Beverage Control Commission

Alfonzo Damon T/A The New Zanza Bar

92 ABC 0690

Gray

10/30/92

Joyce Faircloth, T/A Showcase Lounge

Alcoholic Beverage Control Commission

92 ABC 0713

Morrison

07/25/92

James B. Price

Department of Transportation

92 OSP 0725

Mann

09/02/92

Edmonia Lang

Carteret County Board of Education

92 OSP 0736

Mann

08/28/92

Larry Bruce High

Alarms Systems Licensing Board

92 DOJ 0755
92 DOJ 0785

Nesnow

08/25/92

Wyoming Gilliam

DHR, Division of Social Services, CSE

92 CSE 0772

Gray

09/29/92

Timothy Wylie

Department of State Treasurer, Retirement Systems Div

92 DST 0793

Morrison

09/29/92

Rosie W. Harrell

Administrative Office of the Courts

92 OSP 0846

West

09/17/92

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1703

CONTESTED CASE DECISIONS

CASE NAME

CASE
NLTVIBER

ALJ

FILED
DATE

Resteyne M. Wilkinson

Employment Security Commission

92 OSP 0870

Chess

10/27/92

Robert Aiken
Department of Correction

92 OSP 0872

Gray

09/25/92

Daniel N. Jones

N'.C. Victims Compensation Commission

92 GPS 0879

Chess

08/28/92

Paul Hunter

Dorothea Dix Hospital

92 OSP 0878

Chess

09/29/92

Da\id V. Gates

Alarm Systems Licensing Board

92 DOJ 0892

Becton

10/05/92

Kiddie Kountr>' Day Care, Elaine Stephenson

Public Water Supply System

92 EHR 0901

Becton

10/28/92

Larry E. Foreman. L. Reginald Caroon. Benny C. Lear>'.
Zool Ireland. Mitchie Midgette. and .Arthur Learj'

DHR. Division of Marine Fisheries

92 EHR 0908
92 EHR 0909
92 EHR 0910
92 EHR 0911
92 EHR 0912
92 EHR 0924

Gray

10/28/92

Earn, Donnel Williams

DHR, O'Berry Center

92 OSP 0950

Gray

10/19/92

Tomenah W. Hudson

Department of Environment. Health. & Natural Resources

92 EHR 0983

Reilly

10/21/92

Heritage Environmental Services, inc.

\ .

Department of Environment. Health, & Natural Resources

92 EHR 1039

Gray

10/27/92

Jimmie Lee Thorne Jr.

Victims Compensation Commission

92 GPS 1059

Nesnow

10/20/92

1704

7:16

NORTH CAROLINA REGISTER

November 16, 1992

CONTESTED CASE DECISIONS

STATE OF NORTH CAROLINA

COUNTY OF DARE

IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
92 EHR 0303

FRIENDS OF HATTERAS ISLAND
NATIONAL HISTORIC MARITIME
FOREST LAND TRUST FOR
PRESERVATION. INC.,

Petitioner.

vs.

COASTAL RESOURCES COMMISSION
OF THE STATE OF NORTH CAROLINA,

Respondent,

and

CAPE HATTERAS WATER ASSOCIATION.
INC.,

Intervenor-Respondent.

RECOMMENDED DECISION

OF THE

ADMINISTRATIVE LAW JUDGE

This contested case was heard beginning on August 10, 1992 and continuing until September 1, 1992
upon Petitioner Friends of Hatteras Island's Petition filed on March 20, 1992. Sixteen days of testimony
were held in Raleigh before Administrative Law Judge Thomas R. West. The parties waived the filing of
proposed findings of fact, conclusions of law and written arguments and instead made lengthy closing
arguments.

APPEARANCES

Petitioner, Friends of Hatteras Island ("FOHI") was represented by Lark Hayes, Esq. and Derb
Carter, Esq. of the Southern Environmental Law Center, Chapel Hill, North Carolina.

Respondent, Coastal Resources Commission ("CRC") was represented by David G. Heeter, Esq.,
Associate Attorney General, appearing on behalf of Attorney General Lacy H. Thornburg.

Intervenor-Respondent, Cape Hatteras Water Association ("the Association" or "CHWA") was
represented by Amos C. Dawson, III, Esq. of Maupin, Taylor, Ellis & Adams, P. A., Raleigh, North Carolina
and Robert L. Outten. Esq., of Sharp, Outten & Graham, Kitty Hawk, North Carolina.

ISSUES

1. Is Coastal Area Management Act {"CAMA") Permit No. 152-91, allowing construction by

the CHWA of nine wells for the production of water, together with the pertinent access and underground
utilities, in a portion of the Cape Hatteras Well Field Area of Environmental Concern ("AEC") within the
Buxton Woods Coastal Reserve, consistent with N.C.G.S. 1 13A-120, including the applicable State guidelines
as applied through N.C.G.S. 1 13A-120(a)(8)?

These guidelines include Rule 15A NCAC 7H .0601, which provides that no development will be
allowed in an AEC which would result in a contravention or violation of any regulations or laws of the State
of North Carolina or of the local government in which the development takes place. The relevant State

7:76

NORTH CAROLINA REGISTER

November 16, 1992

1705

CONTESTED CASE DECISIONS

regulations and laws include those governing the Coastal Reserves set forth in 15A NCAC 70. 0100 et seq .
and N.C.G.S. 113A-129.1 et seg. as they apply to Buxton Woods.

2. Considering the engineering requirements and all economic costs, is there a practicable
alternati\'e that would accomplish the overall project purposes with less adverse impact on the public
resources? N.C.G.S. 1I3A-I20(a)f9).

3. Would the de\elopment allowed by Permit No. 152-91 contribute to cumulative effects which
would be inconsistent with applicable CAMA guidelines? N.C.G.S. 113-120(aj( lOj.

BLTtPEN OF PROOF

Petitioner FOHI has the burden of proof in this matter. N.C.G.S. 1 13A- 122(b)(7). Under CAMA,
unless one of the findings justifs'ing denial set forth in N.C.G.S. 1 13A-120(a)(l)-(10)can be made, the Permit
shall be granted. N.C.G.S. 1 13A-120(b). Therefore, if Petitioner fails to meet its burden of proof on at least
one of the issues raised in its Petition, CAM.4 requires affirmance and issuance of the Permit at issue in this
case.

OFFICL\L NOTICE

Official notice is taken of Chapter 1 13A of the North Carolina General Statutes and Title 15A of the
North Carolina Administrative Code.

^^T^^TSSES

The following persons were called by the Petitioner and testified:

1. Dr. James D. Gregory.

2. John Taggart.

3. Alan S. Weakley.

4. John R. Dorney.

5. Dr. Vincent J. Bellis.

6. Dr. Thomas R. Wentv.orth.

7. William Diehl.

8. Ricki Shepherd.

9. The testimony of Lawrence J. .Martin was received through his videotaped deposition, and
the portions of that deposition allowed into evidence appear in the transcript of said deposition which is part
of the Record in this proceeding.

The following persons were called by Respondent and testified;

1. Rich Shaw.

2. Pete Colwell.

3. Da\ id Owens.

1706 7:16 NORTH CAROLINA REGISTER November 16, 1992

CONTESTED CASE DECISIONS

4. Ted Mew.

5. Roger Schecter.

The following persons were called by Intervenor-Respondent and testified:

1. Dr. J. H. Carter, III.

2. Dr. F. Danforth Burroughs.

3. Thomas Gray.

4. Jim Coleman.

5. Dr. Leon S. Jernigan.

6. Ralph C. Heath.

EXHIBITS

Two volumes of documents consisting of approximately 198 separately identified documents were
stipulated by the parties to constitute the Agency File on the subject Permit. The parties further stipulated
as to the authenticity of said Record Documents, and the Record Documents were admitted into evidence by
stipulation of the parties.

In addition, each party tendered numerous exhibits, many of which were admitted into evidence.
These exhibits included a number of additional documents, maps, aerial photographs, charts and other similar
types of exhibits. The document exhibits submitted into evidence by the parties are contained in the Record
of this case in separate notebooks prepared by each party.

Based upon a preponderance of the evidence admitted, the undersigned Administrative Law
Judge makes the following:

FINDINGS OF FACT

1 . The Cape Hatteras Water Association has been supplying water from a well field located near
Frisco on Hatteras Island since approximately 1969. Since at least 1973, the Association's existing "well
field" and the "future well field" have been shown on the tax maps of Dare County.

2. The Association is the only public water supply for the towns of Avon, Buxton, Frisco and
Hatteras. The Association is a private, nonprofit corporation which is regulated as a "public water system"
and as a "community water system." There is no other public water supply system in the area served by the
Association.

3. In 1977, recognizing that the aquifer beneath the well field and the future well field serves
as the sole source of drinking water for the communities of Avon. Buxton, Frisco and Hatteras as well as the
National Seashore Recreation Area, the Coastal Resources Commission designated the Cape Hatteras well
field as a Public Water Supply Well Field AEC. That AEC designation included a tract identified as "well
field" that extended approximately 12,000 feet west from Water Association Road and a tract identified as
"future well field" which extended approximately 8.000 feet to the east of Water Association Road. The
boundary of the AEC was 500 feet from all sides of the center line.

4. On January 23, 1987, the CRC clarified by declaratory ruling the boundaries of the AEC.
The CRC declared that the purpose of the AEC designation was the long-term protection of the water supply
well field for Cape Hatteras and that the intent of the CRC in designating this AEC was the protection of the

7:16 NORTH CAROLINA REGISTER November 16, 1992 1707

CONTESTED CASE DECISIONS

entire potential well field, including wells existing in 1977 and future well sites. Therefore, the CRC found
that the original AEC designation in 1977 included both the existing well field and the future area to the east
thereof then designated as a potential expansion area.

5. In approximately 1987, the Association initiated consideration by the CRC of the expansion
of the Cape Hatteras Public Water Supply Well Field AEC to a boundary extending 1,000 feet from all sides
of the center line of the existing AEC, and the addition of a tract owned by the Association known as the
"Church Propei'ty" along the National Park Service boundary.

6. During the declaratory ruling process in 1986 and early 1987, FOHI submitted comments
supporting protection of both the existing and future well field areas. In 1987, FOHI supported expansion
of the AEC boundary from 500 feet to 1 ,000 feet in order to protect the area around the existing wells and
where the future wells would be pumping some day. FOHI engaged Ralph Heath, a respected hydrogeologist
and former Chief of the U.S. Geological Survey in North Carolina, to speak on their behalf in support of the
AEC expansion. During the AEC expansion process. FOHI, as well as Mr. Heath, understood that water
withdrawal wells would be going into the future well field some day, and FOHI supported expansion of the
AEC to protect both the existing and future well sites.

7. In the summer of 1987, the CRC expanded the boundaries of the AEC to 1,000 feet as
requested by the Association. The pui-pose of the AEC expansion was to protect the quality of the water in
the aquifer, primarily by limiting installation of ground-absorption systems, also known as septic-tank systems.

8. The North Carolina Estuarine Sanctuary Program originally included four island components.
These included Zeke"s Island, Rachel Carson, Currituck Banks and Masonboro Island. These islands were
acquired with federal assistance under the National Estuarine Research Reserve Program. The Estuarine
Sanctuary Rules, Chapter 15 NCAC 70, were originally effective July 1 . 1986. In 1987, when the State began
its program of acquisition of lands in Buxton Woods, the Estuarine Sanctuary Rules were amended to create
a State Coastal Reserve program that would encompass the existing Estuarine Sanctuary components and also
include Permuda Island and Buxton Woods. The Coastal Reserve Statute, N.C.G.S. 113A-129.1, et. seq.,
was not enacted until several years later, in 1989.

9. In a press release by Governor Martin dated October 23, 1987, it was announced that the
State would begin purchasing key portions of the Buxton Woods for use as a natural area. The press release
also noted that protection of the community water supply was one of the goals of the acquisition program and
that: "Agreements may also be reached that would allow portions of the acquired area to be used for
community water supply." Record Document ("RD") #26.

10. The Environmental Assessment of the Public Purchase of Buxton Woods, RD #25, states
under the Project Purposes that: "Future use of small portions of the area as well sites for a community water
supply system is also possible." The Natural Heritage Program of the Division of Parks and Recreation was
aware that portions of Buxton Woods contemplated for acquisition might be used for future well sites. In a
report on the Buxton Woods Natural Area prepared by the North Carolina Natural Heritage Program in
November 1987, RD #27, in the Section entitled "Other Values and Significance," it was noted that: "Buxton
Woods is the recharge area for the shallow ground water aquifer that is the source of drinking water for the
towns of the island. The economy of the area is dependent on this economic and high quality water source.
The Hatteras Island Water Association well field is located within the secondary boundary of the natural area.
An area planned for future expansion of the well field is also included in the area. Protection of the Buxton
Woods natural area will help ensure the quality of future water supplies."

11. In 1988, the State, using State and Federal funds, began purchasing land to be placed into
the Buxton Woods Coastal Reserve. The first tract, the Foreman-Blades tract, approximately 152 acres, was
purchased in January 1988. Acquisition of the Foreman-Blades tract was made with the express understanding
by the State that future water supply wells might be located on that property and that fact was incorporated
into the Council of State's approval of the purchase. The Phipps tract, approximately 178 acres, was
purchased in September of 1988. Additional tracts ha\e been acquired since 1988, and further acquisition

1708 7:16 NORTH CAROLINA REGISTER November 16, 1992

CONTESTED CASE DECISIONS

efforts are currently underway.

12. State officials involved in the acquisition of lands in Buxton Woods contemplated that portions
of the State-owned lands could possibly be used as well sites for the public water supply system, if those wells
were installed in an environmentally compatible manner. In approving the purchase of lands in Buxton
Woods, the Governor and Council of State were aware of the possibility that water supply wells might be
located on some of the lands acquired. During the acquisition of the Foreman-Blades tract, the Association
offered to help the State with the purchase of that tract. The Association was told that this would not be
necessary.

13. In the Grant Application which the Division of Coastal Management ("DCM") prepared for
the purchase of the Phipps tract, RD #31, DCM stated in Section VI that the most important threat to Buxton
Woods and the local water supply was "development." DCM stated that "conversion of the natural forested
uplands to consumptive uses could overuse the ground water reserve and pollute portions of the freshwater
lens with septic-tank drainage." DCM also noted that surface development was still possible within the AEC,
despite the AEC designation. DCM also noted in Section V that the yield and water quality of the shallow
aquifer underlying Buxton Woods is of critical importance to local residents and that hydrogeologist Ralph
Heath concluded that this aquifer is the only significant source of fresh water between Oregon Inlet and Bogue
Banks.

14. On approximately November 30, 1990, the Association applied for a CAMA permit to place
nine wells, together with associated underground utilities and narrow access roads on State-owned lands in
the Buxton Woods Coastal Reserve.

15. The Association's Permit Application received extensive review by DCM and other State and
Federal agencies. The application was submitted to numerous State and Federal agencies for comment, and
extensive staff discussions were held concerning the various issues raised during permit review. Both the
Public Water Supply Renewable Resource AEC Rules and the Coastal Reserve Statute and Rules were
reviewed. DCM Director, Roger Schecter, determined that additional information was needed to assess
potential impacts of the proposed project on the AEC and the Coastal Reserve. Therefore, in approximately
April of 1991, DCM requested, and the Association voluntarily agreed, that the application be put "on hold"
pending review of comments and collection of additional data regarding the potential impact of the proposed
project on ground water, wetlands and the forest resources of Buxton Woods.

16. After site visits by DCM staff, a new alignment for certain wells and access trails was
selected in order to reduce potential impacts. The new alignment placed more wells along existing roads and
trails, reduced the amount of disturbance to vegetation and reduced or eliminated the need for grading the
access roads. Also, Mr. Schecter formed and chaired the Cape Hatteras Water Use Advisory Committee to
assist in evaluation of the permit application and related long term issues. The Water Use Advisory
Committee consisted of DCM staff. Division of Environmental Management ("DEM") staff, the Dare County
Planner, Association representatives and experts, a representative of FOHl, Dr. James Gregory of N.C. State
University, a National Park Service representative and others.

17. Additional information was collected to evaluate the Permit Application. More staff site visits
were made. As recommended by the Advisory Committee, a summer ground water monitoring program was
conducted by the Groundwater Section of DEM, and vegetation observations were made by DCM staff
personnel. Additional ground water reports were prepared by Ted Mew of the Groundwater Section of DEM
and by Ralph Heath for the Association. DCM's review of the permit application determined that the
proposed development was consistent with the local land-use plan.

18. The Cape Hatteras Water Use Advisory Committee met again to discuss the additional
information which had been collected. The Permit Application was reactivated with the revised well alignment
and sent again to public notice. In early December of 1991, at Mr. Schecter's request, a meeting of DCM
and DEM staff took place to review the Permit Application and the additional information which had been
collected. Present at this meeting were Dr. George Everette, Director of DEM, and John Dorney. head of

7:16 NORTH CAROLINA REGISTER November 16, 1992 1709

CONTESTED CASE DECISIONS

the DEM Wetlands and Technical Reviev.' Branch.

19. After a thorough and detailed review of the permit application, comments submitted thereon
and the data and information collected during the evaluation of the application. DCM Director Schecter made
a finding that the Permit should be issued pursuant to N.C.G.S. § 1 13A-120(b). He also determined that the
permitted activity was consistent with the Coastal Reserve Statute and Rules. On December 18, 1991, a
permit was issued to the Association by Director Schecter. The permit contained seventeen conditions
designed to minimize any impacts of the project on the maritime forest, wetlands vegetation and wetland
suales. On January 14, 1992, an amended Permit No. 152-91 was issued to the Water Association. The
amended permit contained clarification of some of the conditions in the permit.

20. Pursuant to N.C.G.S. 1 13A-121 . 1(b), FOHI filed third-party requests for a contested case
hearing on both the original and amended Permit No. 152-91. By Order dated February 18, 1992, CRC Vice-
Chairman. T. Erie Haste, Jr., granted Petitioner's request as to certain issues for a contested case hearing on
the January 14, 1992, permit. FOHI filed its Petition for a Contested Case Hearing on March 20, 1992.

21 . The purpose of the permitted project is to meet current, unmet water needs of Hatteras Island
residents and needs projected by Dare County for the reasonably foreseeable future. There is a current,
significant, unmet need for more water on Hatteras Island. The Association has not been able to sell
additional water units since December of 1990. The State Division of Environmental Health is concerned that
the inability of the Association to provide additional water may be creating public health risks as individuals
attempt to install private wells in areas potentially subject to contamination from septic tanks and salt water.
In addition, there is concern that the existing well field has been pumped at or near its capacity for the last
several years.

22. Water conservation alone will not meet the water needs of Hatteras Island and cannot
accomplish the project purposes. A reverse osmosis plant, which would process brackish water from deeper
wells, would take se\'en to ten years to permit and bring on-line. In addition, deeper v^'ells to serve a reverse
osmosis ("RO") plant v\'ould need to be in the same location as the wells permitted under the subject Permit
in order to drav. water from the least saline part of the aquifer. RO creates a significant by-product of saline
waste water that would have to be discharged somewhere. The financial costs of RO. both capital costs and
operating costs, are approximately three times that of the permitted project. RO uses large amounts of
electricity and requires a reliable and adequate supply of electrical power which is not currently available to
Hatteras Island. The physical isolation of Cape Hatteras renders unreliable the electrical power source that
is currently available. Operator error with the reverse osmosis process can lead to financially catastrophic
results.

23. The Association has attempted to purchase land for additional well sites, but because of the
contro\ersy over the expansion of the AFC in 1987. and because the State of North Carolina currently
dominates the market place for land purchases on Hatteras Island, private land holders have not been willing
to sell to the Association any areas suitable for additional well sites. Due to logistics, costs and a number of
other factors. Dare County is not in a position to pro\'ide public water to the ser\'ice area of the Association
or to the \illages of Rodanthe, Waxes and Salvo on the northern end of the island, which are not served by
the Association and which currently have no public water supply. In addition, pilot programs by the Water
Association on the Ion Exchange method of treating the v\ater from the aquifer appear promising for the
remo\'al of trihalomethanes ("THMs") and will ha\e the benefit of increasing the capacity of the existing
treatment plant.

24. Considering the engineering requirements and all economic costs, there is no practicable
alternati\e that would accomplish the overall project purposes with less adverse impact on the public
resources.

25. Comments were received on the Association's Permit Application from December of 1990
through the entire year of 1991. Experts in the fields of h\drology. barrier island hydrology, hydrogeology,
ground water flow modeling, botany and ecology commented to the Director of DCM on the permit issues.

1 710 7:16 NORTH CAROLINA REGISTER November 16, 1992

CONTESTED CASE DECISIONS

The focus of the comments was primarily related to the effects of pumping on wetlands, but comments were
also received relating to the effect pumping would have on the aquifer.

26. The aquifer is more than capable of sustaining the rate of water withdrawal for the permitted
wells. Pumping at the permitted well sites at an average daily rate of 30 gallons per minute per well will
maintain a sufficient "freshwater dam" to prevent salt water incursion into the freshwater lens. Moving the
wells farther north away from Jennette Sedge would not only decrease the quality and quantity of water
produced but more importantly would pose a danger of saltwater encroachment on the sound side of the island.
Moving the wells to the south of the permitted alignment would increase the production of the wells but would
more directly impact the wetlands. The "Church Property" which is owned by the Association along the Park
Service Boundary is almost entirely wetlands and does not appear to have suitable locations for well sites.
The National Park Service has also been unwilling to allow well sites on the lands it manages.

27. By the end of 1991, enough data existed to support the conclusion that the proposed wells
would not have a significant impact on the aquifer. Because of insufficient data and the complex dynamics
of barrier island aquifers, it is very difficult to model predicted drawdowns with a high degree of accuracy.
Simplistic models cannot make the fine-tuned determinations which were being sought with regard to site
specific drawdowns and their impact on particular wetlands. Data collected in the existing Association well
field between May and September of 1991 indicate that the drawdown in the water table in the immediate
proximity of the existing wells is somewhere between .3 and 2 feet. There are 44 wells in the existing well
field. These wells are spaced much closer together and are much closer to the wetlands than the wells
permitted under Permit 152-91. In addition, the permitted wells will be screened deeper in the aquifer than
the wells in the existing well field. Therefore, the permitted wells are expected to have even less impact on
wetlands than the existing wells.

28. The Cape Hatteras aquifer has been described as both semi-confined and semi-unconfined.
The aquifer is stratified, as all the experts who testified agree. The result of the stratification of the aquifer
in Buxton Woods is that the cone of depression in the water table, caused by pumping, is broad and flat. A
steep cone of depression would have a more significant impact on the water table elevation and on the water
level in the wetland swales than would a broad, flat cone of depression.

29. DCM Director Schecter was advised by John Dorney in a memo dated March 22, 1991 that,
given the natural fluctuations of water in the Buxton Woods wetlands, their gradually sloping bottoms, and
the seasonal nature of water withdrawals, if drawdown from the pumping were one foot or less, pumping
would have no long-term effect on the wetlands. Mr. Dorney holds masters degrees in botany, plant ecology
and civil engineering. Mr. Dorney also advised Mr. Schecter that if the aquifer is semi-confined in the area
of concern, then the drawdown should be negligible.

30. On November 18, 1991, Mr. Dorney advised Mr. Schecter that Wells 1, 2 and 3 could be
safely permitted under the revised well alignment without significant threat to wetlands via drawdown.

31. On December 5, 1991, the Groundwater Section of DEM advised Mr. Schecter in a memo
that: "It is essential that natural or ambient hydrologic conditions be determined prior to pumping in the
area." The Groundwater Section proposed a specific monitoring strategy and set out that strategy in detail.
It was recommended that at least six months of monitoring data, including the summer peak withdrawal
season, be collected before the well field becomes operational. The memo further stated that after two years
of monitoring, data collection requirements will be reviewed, and may be revised depending on an assessment
of the impact of withdrawals.

32. On December 16, 1991, Mr. Dorney stated in a memo to Mr. Schecter that the existing data
and modeling assumptions were too broad for any technically based conclusion that operation of the proposed
well field will or will not impact the sedge. In the same memo, Mr. Dorney recommended to Mr. Schecter
that if DCM issued a permit, the permit should contain a monitoring scheme patterned after the Groundwater
Section's December 5, 1991 memo. Mr. Dorney specifically recommended that; "A performance objective
of no more than one foot of drawdown of the surficial aquifer at 25 feet (about one-half of the distance from

7:16 NORTH CAROLINA REGISTER November 16, 1992 1711

CONTESTED CASE DECISIONS

most of the wells to the Sedge) should be used." Mr. Dorney recommended that these criteria apply to those
wells closest to the sedge, namely wells Nos. 4, 5, 6, 7, 8 and 9.

33. Mr. Dorney further recommended that if the performance objective was not met, the wells
should be shut down, or alternatively, that withdrawal should be reduced until the drawdown is less than one
foot. Mr. Ted Mew, Chief Hydrologist of the Groundwater Section, indicated that shutting down a particular
well would not be effective, but that cutting back on the rate of withdrawal would be a more effective means
of reducing drawdowns to meet the performance standard. Permit Condition No. 9 requires that if the
performance standard is exceeded for more than a 48-hour period, the Association must restrict pumping at
the respective well(s) for a period sufficient to allow recovery of the water table and compliance with the
performance standard.

34. The drawdown in the water table near a pumping well decreases logarithmically as the
distance from the well increases. If drawdown in the water table is one foot at twenty-five feet from a
pumping well, it would be significantly less fifty feet from the well. The steepness of the drawdown curve
depends on the characteristics of the aquifer, including vertical hydraulic conductivity, storativity and
transmisivity. The drawdown curve in this aquifer will be broad and flat. There are different projections as
to what the exact drawdown will be, but there is no doubt that the drawdown will be significantly less fifty
feet from the wells than it is at twenty-five feet.

35. The Permit at issue in this case contains the substance of the monitoring conditions and the
performance objective proposed by the Division of Environmental Management to Mr. Schecter. This
required monitoring plan will produce data to determine both the short-term, localized drawdown that occurs
in the immediate vicinity of the pumping wells during individual pumping cycles and the broader, flatter
drawdown that occurs seasonally in the water table. The monitoring plan will provide sufficient information
to enforce the performance standard.

36. During the permit review process, no questions were ever raised concerning whether any of
the proposed wells were located outside of the Public Water Supply Well Field AEC. It is difficult to
precisely locate the AEC boundaries. During the hearing of this case, it was determined, based on a map
prepared for use at the hearing, that Well No. 1 is approximately 150 feet outside the Cape Hatteras Public
Water Supply Well Field AEC. This information was not available to Mr. Schecter at the time the Permit
was issued. However, Well No. 1 is inside the Buxton Woods Coastal Reserve. It was also determined
during the hearing that Well No. 3 is approximately thirty feet from a wetland.

37. The disturbance of the Buxton Woods Coastal Reserve by the project as permitted will be de
minimis . Only about one-third of one percent of the upland forested area in the existing Buxton Woods
Coastal Reserve will be impacted by the permitted activities. Only about 0.74 acres out of approximately 220
acres of upland forest will be disturbed. None of the approximately 240 acres of wetlands currently in the
Coastal Reserve will be disturbed by the permitted activities. In addition, nearly half of the permitted
activities will take place in an area of Buxton Woods which was clear-cut within the last approximately 20
years and which now contains much shrub growth. This small amount of disturbance will not have a
significant impact on the maritime forest or the wetlands and will not lead to fragmentation of the Coastal
Reserve's natural systems.

38. Since 1977, the CRC has defined this area as a Public Water Supply Well Field AEC, and
the Association has been the only provider of water to the public within this area.

39. The Association has been withdrawing water from the aquifer at the western end of Buxton
Woods for over 23 years. For the last few years, water has been withdrawn from the existing well field at
an average annual rate of approximately 600,000 gallons per day. This approximates the safe maximum yield
of this part of the aquifer. There are 44 wells in the existing well field. These wells are spaced much closer
together and are much closer to the wetlands than the wells permitted in the Buxton Woods Coastal Reserve.
In addition, the wells in the existing well field are not screened as deep in the aquifer as the wells permitted
in Buxton Woods will be. Despite the pumping from the existing well field for over 23 years in close

1712 7:16 NORTH CAROLINA REGISTER November 16, 1992

CONTESTED CASE DECISIONS

proximity to the wetlands, the range of diversity of vegetation in the existing well field sedge is within the
range of diversity found in Buxton Woods. There is no encroachment of woody vegetation at the edges of
the existing well field sedge. "Islands" of woody vegetation have grown up in the well field sedge as well
as the other sedges studied that are outside the influence of any pumping. Water withdrawal from the existing
well field for a long period of time provides significant and valuable information on what the potential impacts
of the permitted well field will be.

40. Permit No. 152-91 contains stringent monitoring conditions and a stringent performance
standard. The Permit conditions and the performance standard are reasonable, adequate and enforceable
except it was erroneous not to apply the performance standard to Well No. 3. The performance standard,
which requires that drawdowns of the water table at a radial distance of 25 ft. from each well not exceed one
foot below the naturally occurring water table elevation, should explicitly be made to apply to Well No. 3.
This is because Well No. 3 is located approximately 30 feet from the edge of a wetland.

41 . Pumping from the nine permitted wells will not significantly affect the aquifer. The proposed
well field, as permitted and with the performance standard made applicable to Well No. 3, will not have a
cumulative impact with the existing well field on wetland vegetation.

42. The Buxton Woods area has experienced over a long period of time a significant degree of
human disturbance. The area was used for grazing of cattle and man-made fires were set in the woods.
Roads and trails have existed in the woods for generations. Clear-cutting and timbering has also taken place
in the woods. Surface hydrology has been altered by drainage ditches. The Association has used the western
end of Buxton Woods for its existing well field for over 23 years. The clear-cut area appears to be
revegetating in natural species, and roads and trails quickly revegetate if not maintained. There is no evidence
of salt spray damage in Buxton Woods due to these activities.

43. The permitted wells located within the F*ublic Water Supply Well Field AEC can be installed
and operated in a manner consistent with the preservation of the area in an undeveloped state and consistent
with the primary uses of the area for research and education. Withdrawal of water from said wells for public
consumption is a traditional use which is compatible with the primary uses of the Buxton Woods Coastal
Reserve for research and education. The water-level monitoring, observation of vegetation and other data
which will be collected about the operation of the permitted wells will have significant scientific and research
value.

44. Only a few large growth trees, perhaps as few as three, will need to be cut to provide access
to the permitted well sites. In addition, it is anticipated that grading will not be necessary. The access roads
can only be 15 feet wide, and it is anticipated that they will only be approximately 8 feet wide, just large
enough to allow a four-wheel drive vehicle to pass. DCM staff will mark the final well sites and access
alignments to insure that disturbance is minimal. The forest canopy will not be significantly disturbed, and
there will be no salt spray damage because of the distance from the ocean. Short-term impacts from the
installation of the underground water and electrical lines will be minimal.

45. The water table elevation data collected by Dr. Gregory of N.C. State University in his study
of the water table in Buxton Woods was not collected in accordance with standard methods and contains a
number of anomalies. Dr. Gregory himself cautions against drawing any conclusions from his preliminary
data. Gregory's study is intended to collect water table data both before and after well field pumping begins.
Dr. Gregory will also install permanent vegetation plots as part of his work. These plots are for long term
study to assess the impact, if any, of the water withdrawal on vegetation and will not provide any data in the
near future.

46. During the State's acquisition of the lands currently in the Buxton Woods Coastal Reserve,
it was made clear that future use of small portions of the state-owned property for wells for the public water
supply system was contemplated as a possible future use. The State has continued to acquire and is currently
attempting to acquire additional lands for the Buxton Woods Coastal Reserve. The State's contemplated
acquisitions are intended to eventually include virtually all of the lands designated as the "future well field"

7:16 NORTH CAROLINA REGISTER November 16, 1992 1713

CONTESTED CASE DECISIONS

in the F*ublic Water Supply Well Field AEC. Hence, if the Water Association is to have access to the "future
well field" for well sites, such access will necessarily have to be on State-owned lands.

Based upon the evidence presented in this case and the foregoing Findings of Fact, the undersigned
Administrative Law Judge makes the following:

CONCLUSIONS OF LAW

1. Because Well Site No. 1 falls outside the Public Water Supply Well Field AEC, which existed
prior to the creation of the Buxton Woods Coastal Reserve, that particular well's use would be neither
traditional nor consistent u ith the pui-poses of the Coastal Reser\e.

2. It was erroneous not to specifically make the performance standard in Permit Condition No.
9 apply to Well Site No. 3.

3. Withdrawal of water as permitted, and with the performance standard made applicable to Well
No. 3, from the Cape Hatteras Public Water Supply Well Field AEC in the Buxton Woods Coastal Reserve
is a public use, consistent with preservation of the area in an undeveloped state and consistent with its primary
uses for research and education. The improvements and alterations allowed by the Permit are consistent with
these uses.

4. Withdrawal of water as permitted, and uith the performance standard made applicable to Well
No. 3, from the aquifer in Buxton Woods by the Cape Hatteras Water Association, a private, nonprofit
corporation, is a public use, consistent with preservation of the Coastal Reserve in a natural state and with
the primary purposes of research and education, particularly as no other source of public drinking water exists
in this area.

5. Withdrawal of water from the Buxton Woods aquifer by the Cape Hatteras Water Association
from the Cape Hatteras Public Water Supply Well Field AEC, as located within the Buxton Woods Coastal
Reser\'e, is a traditional use that is compatible with the primary uses of the Reserve for research and
education.

6. Withdrawal of water, as permitted and with the perforinance standard made applicable to Well
No. 3. b\ the Cape Hatteras Water Association from the Cape Hatteras Public Water Supply Well Field AEC
maintains the Coastal Reserve's essential natural character.

7. Disturbance or remo\'al of \'egetation, as permitted, is de minimis and is not proscribed by
15A NCAC 70.0202(6). Alternatively, as applied in this case, 15A NCAC 70.0202(6) is written in such terms
that the rule is inconsistent with N.C.G.S. 1 13A-129. 1 (b) and ij 1 13A-129.2(e). and thus is void as applied
in this case because it is not within the statutory authority of the agency and is not reasonably necessan,' to
enable the agency to fulfill a duty delegated to it by the General Assembly.

8. There is no basis for finding under N.C.G.S. 1 13A-120(a)(8) that the proposed development,
as modified by this Recommended Decision, is inconsistent with the applicable State guidelines, laws and
regulations, including N.C.G.S. I I3A-129. 1 , et seg.. 15A NCAC 7H .0601 and 15A NCAC 70 .OlOO.etseq.

9. Considering the engineering requirements and all economic costs, there is no practicable
alternative that would accomplish the overall project purposes with less adverse impact on the public
resources, and thus there was no basis for finding that the proposed development was inconsistent with
N.C.G.S. 113A-120(a)(9).

10. The proposed permitted wells, as modified by this Recommended Decision, and associated

utilities and access roads or trails, will not contribute to cumulati\e effects that would be inconsistent with
N.C.G.S. I I3A-I20(ai 1-9. the State guidelines or the local land use plan, and thus there was no basis for

1714 7:16 NORTH CAROLINA REGISTER November 16, 1992

CONTESTED CASE DECISIONS

finding that the proposed development was inconsistent with N.C.G.S. 1 13A-120(a){10).

11. Except as provided in Conclusions of Law 1 and 2, the wells, associated utilities and access

roads and trails permitted by Permit No. 152-91 are consistent with all applicable standards in N.C.G.S.
1 13A-120, the State guidelines and the local land use plan.

In view of the foregoing Findings of Fact and Conclusions of Law, and as a Recommended Decision
pursuant to N.C.G.S. 150B-34, the undersigned Administrative Law Judge makes the following:

RECOMlVIE>fDED DECISION

It is RECOMMENDED that the North Carolina Coastal Resources Commission decree that:

1. Permit No. 152-91 is consistent in all respects with all applicable State guidelines. Statutes
and Rules, including those governing Coastal Reserves, with two specific exceptions:

a. Well Site No. 1 is outside of the Public Water Supply Well Field AEC, and therefore its use
is not a traditional use consistent with the purposes of the Coastal Reserve; and

b. The performance standard in Permit Condition No. 9 should apply to Well Site No. 3 in order
to ensure its consistency with the Statutes and Rules governing Coastal Reserves.

2. Considering the engineering requirements and all economic costs, there is no practicable
alternative that would accomplish the overall project purposes with less adverse impact on the public
resources, and thus Permit No. 152-90 is consistent with N.C.G.S. 1 13A- 120(a)(9).

3. The proposed wells, as modified by Paragraph 1 of the decree, will not contribute to
cumulative impacts that would be inconsistent with N.C.G.S. 1 13A-120(a) 1-9, and thus Permit No. 152-91
is consistent with N.C.G.S. I 13A-120(a)( 10).

4. Pre-operationai monitoring over a contiguous summer season should be required prior to the
permitted wells becoming operational; or at the least, monitoring should be required during the summer of
1993 up to the date that monitoring began in the summer of 1992.

5. Except as provided in Paragraph No. 1 of the decree. Permit No. 152-91 is consistent with
all applicable Statutes and Rules, the standards in N.C.G.S. 1 13A-120, the State guidelines and the local land
use plan.

ORDER

It is hereby ordered that the Agency serve a copy of the final decision on the Office of Administrative
Hearings, P. O. Drawer 11666, Raleigh, North Carolina 27604, in accordance with North Carolina General
Statute 150B-36(b).

NOTICE

The Agency making the final decision in this contested case is required to give each party an
opportunity to file exceptions to this Recommended Decision and to present written arguments to those in the
Agency who would make the final decision. N.C.G.S. 150B-36(a).

The Agency is required by N.C.G.S. 150B-36(b) to serve a copy of the final decision on all parties
and to furnish a copy to the parties" attorney of record and to the Office of Administrative Hearings .

7:16 NORTH CAROLINA REGISTER November 16, 1992 1715

CONTESTED CASE DECISIONS

The Agency that will make the final decision in this contested case is the North Carolina Coastal
Resources Commission.

This the 19th day of October, 1992.

(

Thomas R. West
Administrative Law Judge

(

1716 7:16 NORTH CAROLINA REGISTER November 16, 1992

NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM

1 Iw North Carolina Administrative Code (NCAC) has four inajor subdivisions of rules. Two of these,
titles and chapters, are mandatory. Tlie major subdivision of the NCAC is the title. Each major
department in the North Carolina executive branch of government has been assigned a title number.
Titles are further broken down into chapters which shall be numerical in order. Tfie other two,
subchapters and sections are optional subdivisions to he used by agencies when appropriate.

TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE
TITLE DEPARTMENT LICENSING BOARDS CHAPTER

Administration

Architecture

Agriculture

Auctioneers

Auditor

Barber Examiners

Economic & Community Development

Certified Public Accountant Examiners

Correction

Chiropractic Examiners

Council of State

General Contractors

Cultural Resources

Cosmetic Art Examiners

Elections

Dental Examiners

Governor

Dietetics/Nutrition

Human Resources

Electrical Contractors

Insurance

Electrolysis

Justice

Foresters

Labor

Geologists

14A

Crime Control & Public Safety

Hearing Aid Dealers and Fitters

15A

Environment, Heaitii, and Natural

Landscape Architects

Resources

Landscape Contractors

Public Education

Marital and Family Therapy

Revenue

Medical Examiners

Secretary of State

Midwifery Joint Committee

19A

Transportation

Mortuary Science

Treasurer

Nursing

*21

Occupational Licensing Boards

Nursing Home Administrators

Administrative Procedures

Occupational Therapists

Community Colleges

Opticians

Independent Agencies

Optometry

State Personnel

Osteopathic Examination & Reg. (Repealed)

Administrative Hearings

Pharmacy

Physical Therapy Examiners

Plumbing, Heating & Fire Sprinkler Contractors

Podiatry Examiners

Practicing Counselors

Practicing Psychologists

Professional Engineers & Land Surveyors

Real Estate Commission

Refrigeration Examiners

Sanitarian Examiners

Social Work

Speech & Language Pathologists & Audiologists 64
Veterinary Medical Board 66

Note: Title 21 contains the chapters of the various occupational licensing boards.

7:16

NORTH CAROLINA REGISTER

November 16, 1992

1717

CUMULATIVE INDEX

(April 1992 - March 1993)

Pages

Issue

1 - 105 1 - April

106 - 173 2 - April

174 - 331 3 - May

332 - 400 4 - May

401 - 490 5 - June

491 - 625 6 - June

626 - 790 7 - July

791 - 902 8 - July

903 - 965 9 - August

966 - 1086 10 - August

1087 - 11 54 11 - September

1155 - 1253 12 - September

1254-1350 13 - October

1351 - 1463 14 - October

1464 - 1640 15 - November

1641 - 1720 16 - November

ADMINISTRATION

Auxiliary Services. 4

Motor Fleet Management Division, 794

AGRICULTURE

Gasoline and Oil Inspection Board, 336

Pesticide Board, 1276

Plant Industry, 904

Structural Pest Control Committee, 332

Veterinary Division, 342

CO.MML'Niri' COLLEGES

Community Colleges. 1535
General Provisions. 1531
.Vliscellaneous Programs, 1598

CULTURAL RESOURCES

I'.S.S. Battleship Commission, 911

ECONOMIC AND COMML^TTi' DEVELOPMENT

Banking Commission, 629. 1467
Community Assistance, 909. 968
Departmental Rules. 801

ENVIRONMENT. HEALTH. AND NATURAL RESOURCES

Adult Health, 1199

Coastal Managemem, 211, 655. 1098, 1507

Departmental Rules, 826

En\'ironmental Health, 223

Environmental Management. 190. 416, 500, 644, 830, 1013, 1487

Go\ernor"s Waste Management Board, 564, 920, 1197

Health; Epidemiology, 140, 1212

1718

7:16

NORTH CAROLINA REGISTER

November 16, 1992

CUMULATIVE INDEX

Health: Personal Health, 1217

Health Services, 52, 659, 1174

Marine Fisheries, 530

NPDES Permits Notices, 1, 107

Radiation Protection, 136, 1520

Sedimentation Control, 920

Vital Records, 565

Wildlife Resources Commission, 28, 133, 408, 449, 551, 921, 1299, 1414, 1658

Wildlife Resources Commission Proclamation, 176

FINAL DECISION LETTERS

Voting Rights Act, 106, 174, 406, 493, 628, 793, 966, 1090, 1275, 1465, 1644

GENERAL STATUTES

Chapter I50B, 1254

GOVERNOR/LT. GOVERNOR

Executive Orders, 401, 491, 626, 791, 903, 1087, 1155, 1351, 1464, 1641

HUMAN RESOURCES

Aging, Division of, 121, 346

Day Care Rules, 123

Economic Opportunity, 5

Facility Services, 111, 177, 496, 634, 980, 1352, 1647

Medical Assistance, 4, 415, 496, 816, 989, 1156, 1295, 1391, 1649 '

Mental Health, Developmental Disabilities and Substance Abuse Services, HI, 297, 409, 809, 1092, 1276 '

Social Services Commission, 183, 911, 1471

INDEPENDENT AGENCIES

Housing Finance Agency, 450, 576, 928, 1219

INSURANCE

Actuarial Services Division, 1411

Agent Services Division, 1410

Consumer Services Division, 125, 1157

Departmental Rules, 7, 1095, 1405

Engineering and Building Codes, 19, 643

Financial Evaluation Division, 1162

Fire and Rescue Services Division, 17, 1406

Hearings Division, 124, 1096

Life and Health Division, 22, 347, 1167

Medical Database Commission, 1650

Property and Casualty Division, 20

Seniors' Health Insurance Information Program, 132

JUSTICE

Alarm Systems Licensing Board, 27, 189, 643, 919, 1414, 1486

Criminal Information, 1097

General Statutes Commission, 353

Private Protective Services, 918

Sheriffs Education and Training, 990

State Bureau of Investigation, 188, 499, 1413

LICENSING BOARDS

Architecture, 1 I I I

7:16 NORTH CAROLINA REGISTER November 16, 1992 1719

CUMULATIVE INDEX

Certified Public Accountant Examiners. 355

Chiropractic Examiners, 1416

Cosmetic Art Examiners. 360. 922. 1669

Dietetics/Nutrition, 923

Electrolysis Examiners. 69. 700

Medical Examiners. 1304. 1417

Nursing, Board of. 232, 700, 1528

Pharmac_\', Board of. 1418

Professional Engineers and Land Surveyors. 566

Speech and Language and Pathologists and Audiologists, 705

LIST OF RULES CODIFIED

List of Rules Codified. 72. 362. 452. 584, 1671

PUBLIC EDUCATION

Departmental Rules. 1108

Elementary and Secondary, 852. 1108. 1666

REVEXUT

License and Excise Tax. 712
Motor Fuels Tax, 361

STATE PERSONTsEL

Office of State Personnel. 237, 705. 1113, 1419

TAX RE\TE\^ BOARD

Orders of Tax Review, 494

TR.\XSPORTATION

Highways. Division of. 228, 856. 1062. 1110. 1669
Motor Vehicles. Division of, 68, 142

(

1720 7:16 SORTH CAROLINA REGISTER November 16, 1992

NORTH CAROLINA ADMINISTRATIVE CODE

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